Case Note & Summary
The petitioner, Late Abdul Quadar Patel Gramin Vikas Sanstha Chikhlwardha, through its Secretary, filed a Writ Petition before the Bombay High Court challenging the order dated 25.09.2014 passed by the State of Maharashtra and the order dated 2nd February 2015, which rejected its prayer for permission to start a new Urdu Medium Primary School at Gondwadsa, Taluka Mahoor, District Nanded. The petitioner also challenged the Government Resolution dated 25th September 2013. The petitioner had initiated a proposal in 2008 to establish the school, but the proposal remained pending. Subsequently, the State of Maharashtra issued a Government Resolution on 25.09.2013, which imposed certain conditions and policies for granting permission to start new schools. The respondents rejected the petitioner's proposal citing the new Government Resolution. The petitioner argued that the Government Resolution should not apply to its proposal as it was initiated in 2008, before the resolution came into effect. The court heard the learned counsel for the petitioner and the respondents. The court observed that the Government Resolution is a policy decision and applies to all pending proposals. The court held that there is no vested right to establish an educational institution without complying with the applicable government policy. The rejection of permission based on the new policy was not arbitrary. Consequently, the court dismissed the petition, upholding the orders of the respondents and the Government Resolution.
Headnote
A) Education Law - Establishment of School - Government Policy - Government Resolution dated 25.09.2013 - Applicability to Pending Proposals - The petitioner's proposal for starting a new Urdu Medium Primary School was initiated in 2008 but was pending when the Government Resolution was issued in 2013. The court held that the Government Resolution applies to all pending proposals as it is a policy decision and not arbitrary. The rejection of permission based on the new policy was upheld. (Paras 3-5) B) Education Law - Right to Establish Educational Institution - No Vested Right - The court held that there is no vested right to establish an educational institution without complying with the applicable government policy and obtaining necessary permission. The petitioner cannot claim that the earlier policy should apply merely because the proposal was initiated earlier. (Paras 4-5)
Issue of Consideration
Whether the Government Resolution dated 25.09.2013 is applicable to the petitioner's proposal initiated in 2008, and whether the rejection of permission to start a new Urdu Medium Primary School is valid.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Government Resolution dated 25.09.2013 applies to pending proposals
- no vested right to establish school without permission
- policy decision not arbitrary
