Case Note & Summary
The petitioner, Alhuda Multipurpose Education Society, Akot, filed a writ petition challenging the rejection of its proposal to open a secondary school in Urdu medium for the academic year 2008-09. The proposal had been recommended by the District Level Committee and verified by respondent No. 7. However, respondent No. 1 (State of Maharashtra) rejected it on the ground that information about other middle schools within a 3 km radius was not furnished. The petitioner contended that the application, particularly columns 8 and 11, and an accompanying chart clearly showed that there were no middle or secondary schools within 5 km, and the nearest school was at Akot, about 9 km away. The court examined the application at page 40 of the writ petition and found that the petitioner had indeed provided details of three primary schools in the vicinity. The court held that the rejection was based on a perverse and erroneous reading of the application, making it arbitrary. The court also noted that the academic year 2008-09 was over, but relying on a Division Bench order in Writ Petition No. 215 of 2010, held that this could not bar relief. The court allowed the petition, quashed the rejection order, and directed the State to reconsider the proposal afresh within four weeks, uninfluenced by the earlier rejection.
Headnote
A) Education Law - Permission to Open School - Rejection on Erroneous Ground - The petitioner society applied for permission to open a secondary school in Urdu medium for the academic year 2008-09. The State rejected the proposal on the ground that information about other middle schools within a 3 km radius was not furnished. However, the application and accompanying chart showed that such information was provided. The court held that the rejection was perverse and arbitrary, and directed reconsideration. (Paras 2-4) B) Administrative Law - Arbitrariness - Reconsideration - When an administrative order is based on a demonstrably incorrect factual premise, it is arbitrary and liable to be set aside. The court directed the State to reconsider the proposal afresh, uninfluenced by the earlier rejection, and to pass a reasoned order within four weeks. (Paras 4-5)
Issue of Consideration
Whether the rejection of permission to open a secondary school on the ground that information about other middle schools in a 3 km radius was not furnished is sustainable when the application actually contained such information.
Final Decision
The writ petition is allowed. The impugned order dated 04.03.2010 is quashed and set aside. Respondent No. 1 is directed to reconsider the proposal of the petitioner for opening a secondary school in Urdu medium afresh and pass a reasoned order within four weeks, uninfluenced by the earlier rejection.
Law Points
- Administrative action must be based on correct facts
- Rejection of permission on erroneous ground is arbitrary
- Court can direct reconsideration even after academic year is over
