Case Note & Summary
The petitioners, Vikas Shikshan Sanstha and Sanjay Gandhi Residential School, filed a writ petition challenging an order dated 6 June 2015 withdrawing recognition of the school for shifting without prior permission under Clause 7.6 of the Secondary School Code. The school had shifted to alternate premises after its original building collapsed in 1993, and the authorities were informed immediately. The court noted that in a previous writ petition (WP No.7251 of 2012), the court had directed reconsideration of the withdrawal of recognition. The present petition sought to set aside the impugned order, grant approval to teachers and non-teaching employees, release grant-in-aid, and restrain coercive steps. The court observed that the order withdrawing recognition was required to be reconsidered by the Deputy Director of Education, as the shifting was due to the building collapse and the authorities were promptly informed. The court allowed the petition, set aside the impugned order, and directed the Deputy Director to pass a fresh order after hearing the petitioners. Pending such decision, no coercive steps were to be taken against the school, and the school was not to be treated as unauthorised.
Headnote
A) Education Law - School Recognition - Shifting Without Permission - Secondary School Code, Clause 7.6 - The court considered the validity of withdrawal of recognition of a school that shifted to alternate premises after the original building collapsed, without prior permission. The court held that the order withdrawing recognition required reconsideration by the Deputy Director of Education, as the shifting was necessitated by the collapse of the building and the authorities were promptly informed. The court directed the Deputy Director to pass a fresh order after hearing the petitioners. (Paras 3-6)
B) Education Law - Approval of Teachers and Grant-in-Aid - Secondary School Code - The court directed that the approval of teachers and non-teaching employees and release of grant-in-aid be considered afresh by the Deputy Director of Education, pending which no coercive steps should be taken against the school. (Paras 2, 6)
Issue of Consideration
Whether the withdrawal of recognition of a school for shifting without prior permission under Clause 7.6 of the Secondary School Code is valid and whether the petitioners are entitled to approval of teachers and grant-in-aid.
Final Decision
The court allowed the petition, set aside the impugned order dated 6 June 2015, and directed the Deputy Director of Education to pass a fresh order after hearing the petitioners. Pending such decision, no coercive steps were to be taken against the school, and the school was not to be treated as unauthorised.
Law Points
- Secondary School Code Clause 7.6
- shifting of school without prior permission
- automatic withdrawal of recognition
- reconsideration by Deputy Director
- natural justice
Case Details
2015 LawText (BOM) (08) 38
Writ Petition No.8387 of 2015
Anoop V. Mohta, A.A. Sayed
Mr. N.V. Bandiwadekar a/w Mr. Sagar A. Mane for Petitioners, Ms. S.S. Bhende, AGP for Respondents/State
Vikas Shikshan Sanstha and Sanjay Gandhi Residential School
The State of Maharashtra and others
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Nature of Litigation
Writ petition challenging withdrawal of school recognition and seeking approval of teachers and grant-in-aid.
Remedy Sought
Petitioners sought to set aside the impugned order dated 6 June 2015, grant approval to teachers and non-teaching employees, release grant-in-aid, and restrain coercive steps.
Filing Reason
The school's recognition was withdrawn for shifting without prior permission under Clause 7.6 of the Secondary School Code, despite the shifting being necessitated by the collapse of the original building and prompt intimation to authorities.
Previous Decisions
In Writ Petition No.7251 of 2012, the court had directed reconsideration of the withdrawal of recognition by the Deputy Director of Education.
Issues
Whether the withdrawal of recognition of the school for shifting without prior permission under Clause 7.6 of the Secondary School Code is valid.
Whether the petitioners are entitled to approval of teachers and grant-in-aid.
Submissions/Arguments
Petitioners argued that the shifting was due to the collapse of the school building and the authorities were informed immediately.
Respondents/State opposed the petition.
Ratio Decidendi
The withdrawal of recognition for shifting without prior permission under Clause 7.6 of the Secondary School Code requires reconsideration when the shifting was necessitated by the collapse of the building and the authorities were promptly informed. The Deputy Director must pass a fresh order after hearing the affected party.
Judgment Excerpts
The Petitioners have challenged the impugned order dated 6 June 2015, accordingly, apart from prayer to set aside the same, prayed to grant approval to the teachers and non-teaching employees and to release the grant-in-aid for payment of salary to the employees, also prayed for no coercive steps based upon the order against Petitioner No.2 and not to treat the school as unauthorised.
Clause-7.6 of the Secondary School Code provides as under : '7.6 The Management shall not shift any school run by it from its existing location to any other location for any reason, without prior written permission of Government. If the Management shifts the school without prior permission of Government, the recognition of such a school shall automatically stand withdrawn on ground of such unauthorised shifting.'
In the present case, in our view, the order withdrawing recognition is required to be reconsidered by the Deputy Director of Education for two reasons. First and foremost, from the report of the Deputy Education Officer (Secondary) dated 18 October 1993, it appears that the building of the school had collapsed and the management was directed to take steps to accommodate the students in alternate premises. Immediately on 18 October 1993, the Education Officer (Secondary) was informed about this.
Procedural History
The petitioners filed Writ Petition No.7251 of 2012 which was allowed on 12 September 2012 directing reconsideration of withdrawal of recognition. Subsequently, the impugned order dated 6 June 2015 was passed, leading to the present Writ Petition No.8387 of 2015.
Acts & Sections
- Secondary School Code: Clause 7.6
