Case Note & Summary
The petitioner, Rehmaniya Urdu Education Society, and respondent no.5, Shah Babu Education Society, both applied for grant of an unaided school at village Dhotra Shinde. The District Level Committee, headed by the Deputy Director of Education, published a provisional placement list on 3rd February 2015, placing the petitioner at Sr.No.1 and respondent no.5 at Sr.No.2. As required by Section 6 of the Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012, objections were invited. The Committee considered the objections in a meeting on 12th May 2015 and maintained the original placement. However, on 4th June 2015, the same Committee published a new list reversing the placement, placing respondent no.5 at Sr.No.1 and the petitioner at Sr.No.2. The petitioner challenged this reversal. The High Court examined whether the Committee had the power to alter the placement after the objections were disposed. The court noted that the Act provides for a single opportunity for objections and does not authorize the Committee to revisit the placement after finalization. The court held that the Committee acted without jurisdiction and the impugned list dated 4th June 2015 was quashed. The earlier list dated 3rd February 2015, as maintained on 12th May 2015, was restored. The writ petition was allowed with no order as to costs.
Headnote
A) Education Law - School Grant - Placement Alteration - Section 6 of Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012 - The District Level Committee published a provisional placement list on 3rd February 2015 with petitioner at Sr.No.1 and respondent no.5 at Sr.No.2. After inviting and disposing objections on 12th May 2015, the placement was maintained. On 4th June 2015, the same Committee reversed the placement without any statutory authority. The High Court held that the Committee had no power to alter the finalized list after objections were disposed, as the Act only provides for a single opportunity for objections. The impugned list was quashed and the earlier list was restored. (Paras 2-6)
Issue of Consideration
Whether the District Level Committee had the authority to alter the placement of the petitioner and respondent no.5 on 4th June, 2015 after the provisional list was finalized following objections under Section 6 of the Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012.
Final Decision
The writ petition is allowed. The impugned list dated 4th June 2015 is quashed and set aside. The earlier list dated 3rd February 2015, as maintained on 12th May 2015, is restored. No order as to costs.
Law Points
- District Level Committee lacks power to alter finalized placement after objections are disposed
- Section 6 of Maharashtra Self-Financed Schools (Establishment and Regulation) Act
- 2012
- natural justice
- finality of provisional list after objections
