Case Note & Summary
The petitioner, Indira Pragati Shikshan Sanstha, a society, initially ran an Ashram School at Rui, Bramhapuri, Chandrapur. Its recognition was withdrawn on 16 February 2009. The petitioner appealed, but during the appeal, the school was allotted to another institution. The petitioner challenged this in Writ Petition No. 3675 of 2009, which was withdrawn on 28 June 2010 with liberty to apply for permission to start another Ashram School. Pursuant to this, the petitioner applied to start a new Ashram School at Valani, Nagbhid, Chandrapur. Inspection was carried out and respondent no. 4 recommended grant of permission for the academic session 2011-12. However, respondent no. 1 rejected the proposal by communication dated 27 December 2012, relying on Rule 2.23 of the Ashram School Code. The petitioner challenged this rejection. The court examined Rule 2.23, which states that if recognition of any school run by a self-financing institution is withdrawn, the institution's application for recognition will not be considered again, and the school will be transferred to another self-financing institution or taken over by the government as a government Ashram School. The court found that the rule applies only when the same school's recognition is withdrawn and the institution seeks recognition for the same school again. In this case, the petitioner's earlier school at Rui had been allotted to another institution, and the petitioner was seeking permission to start a new school at a different location (Valani). Therefore, Rule 2.23 did not apply. The court held that the impugned communication was unsustainable and quashed it. The respondents were directed to consider the petitioner's application afresh on its own merits, in accordance with law, and without reference to Rule 2.23.
Headnote
A) Administrative Law - Interpretation of Statutory Rules - Rule 2.23 of Ashram School Code - Applicability - Rule 2.23 bars reconsideration of recognition for an institution whose school's recognition has been withdrawn, but does not apply to a fresh application for starting a new Ashram School at a different location - The court held that the rule is intended to prevent the same institution from reapplying for recognition of the same school after withdrawal, not to prohibit the institution from seeking permission to start a new school elsewhere (Paras 4-5).
Issue of Consideration
Whether Rule 2.23 of the Ashram School Code, which bars reconsideration of recognition for an institution whose school's recognition has been withdrawn, applies to a fresh application for starting a new Ashram School at a different location
Final Decision
The impugned communication dated 27 December 2012 is quashed and set aside. The respondents are directed to consider the petitioner's application for starting a new Ashram School at Valani afresh on its own merits, in accordance with law, and without reference to Rule 2.23 of the Ashram School Code.
Law Points
- Rule 2.23 of Ashram School Code applies only when recognition of a school run by the same institution has been withdrawn
- not when the institution seeks permission to start a new school at a different location after earlier recognition was withdrawn and the school was allotted to another institution
