Case Note & Summary
The petitioner, Maharashtra Rajya Shikshan Sanstha Mahamandal, a registered association of managements of recognized schools in Maharashtra, challenged an order dated 16.05.2006 passed by Respondent No.3, the Minister of School Education, granting permission to start 1495 new primary, secondary and higher secondary schools in the State from academic session 2006-2007. The petitioner contended that the power to grant such permission is vested in the State Government under the Secondary School Code, and that the High Court in Gramvikas Shikshan Prasarak Mandal v. State of Maharashtra, 2001(1) Mh.L.J. 776 had issued mandatory directions to be followed by the State Government while granting permission to start new schools. The petitioner argued that the impugned order was in total breach of these mandatory norms and therefore unsustainable. The court, after hearing the parties, found that the impugned order was indeed in breach of the mandatory directions laid down in the Gramvikas case. The court quashed and set aside the impugned order dated 16.05.2006 and directed the State Government to consider the matter afresh in accordance with law and the mandatory directions issued by the court. The rule was made absolute accordingly.
Headnote
A) Education Law - Grant of Permission to Start New Schools - Mandatory Directions - The power to grant permission to start new primary, secondary or higher secondary schools is vested in the State Government under the Secondary School Code. The High Court in Gramvikas Shikshan Prasarak Mandal v. State of Maharashtra, 2001(1) Mh.L.J. 776 issued mandatory directions to be followed by the State Government while granting such permission. The impugned order dated 16.05.2006 passed by Respondent No.3 granting permission to start 1495 new schools was in total breach of these mandatory norms and therefore unsustainable in law. (Paras 3-4)
Issue of Consideration
Whether the impugned order dated 16.05.2006 passed by Respondent No.3 granting permission to start 1495 new primary, secondary and higher secondary schools in the State of Maharashtra from academic session 2006-2007 is in breach of mandatory norms and liable to be quashed and set aside.
Final Decision
The impugned order dated 16.05.2006 passed by Respondent No.3 is quashed and set aside. The State Government is directed to consider the matter afresh in accordance with law and the mandatory directions issued by this Court in Gramvikas Shikshan Prasarak Mandal v. State of Maharashtra. Rule is made absolute accordingly.
Law Points
- Mandatory directions of the High Court must be followed by the State Government while granting permission to start new schools
- Power to grant permission to start new schools is vested in the State Government under the Secondary School Code
- Minister's order granting permission in breach of mandatory norms is unsustainable in law
