Case Note & Summary
The petitioners, Bhausaheb Bandodkar Shikshan Saunstha and another, filed a writ petition challenging the order dated 22.4.2015 rejecting their application for permission to open a Higher Secondary School. They also challenged the permission granted to respondent no. 4, Sahyadri Dudh Sagar Education Society, by order dated 2.6.2015, and the rejection of their representation dated 9.6.2015. The petitioners argued that the rejection was arbitrary and violated principles of natural justice. The respondents, including the State of Goa and the Director of Education, contended that the decision was based on policy and existing educational needs. The court, after hearing the parties, found no merit in the petition and dismissed it, upholding the government's decision.
Headnote
A) Education Law - Permission to Open School - Government Policy - The petitioners challenged the rejection of their application for permission to open a Higher Secondary School and the grant of permission to the respondent no. 4. The court held that the government's decision was based on policy considerations and existing educational infrastructure, and no arbitrariness was found. (Paras 4-6)
Issue of Consideration
Whether the rejection of the petitioner's application for permission to open a Higher Secondary School and the grant of permission to the respondent no. 4 were arbitrary and violative of principles of natural justice.
Final Decision
The petition was dismissed. The court upheld the orders of the respondents.
Law Points
- Administrative Law
- Education Law
- Judicial Review
- Policy Implementation
Case Details
2016 LawText (BOM) (07) 112
Writ Petition No.849 of 2015
F. M. Reis, Nutan D. Sardessai
Shri N. Sardessai, Senior Advocate with Shri D. Shirodkar for petitioners; Shri S. D. Lotlikar, Advocate General with Shri P. Dangui for respondent nos.1 to 3; Shri S. R. Rivonkar for respondent nos.4 and 5
Bhausaheb Bandodkar Shikshan Saunstha and Shri Vaman Vishram Khandeparkar
State of Goa, Director of Education, Deputy Director of Education, Sahyadri Dudh Sagar Education Society, and Shri Vinayak D. Tendulkar
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Nature of Litigation
Writ petition challenging rejection of application for permission to open a Higher Secondary School and grant of permission to another society.
Remedy Sought
Petitioners sought quashing of the order dated 22.4.2015 rejecting their application, the permission granted to respondent no. 4 on 2.6.2015, and the rejection of their representation dated 9.6.2015.
Filing Reason
The petitioners' application for permission to open a Higher Secondary School was rejected, and they alleged arbitrariness and violation of natural justice.
Previous Decisions
Order dated 22.4.2015 rejecting petitioners' application; order dated 2.6.2015 granting permission to respondent no. 4; decision on representation dated 9.6.2015 rejecting petitioners' request.
Issues
Whether the rejection of the petitioners' application for permission to open a Higher Secondary School was arbitrary?
Whether the grant of permission to respondent no. 4 was illegal?
Whether the petitioners were denied natural justice?
Submissions/Arguments
Petitioners argued that the rejection was arbitrary and without proper application of mind.
Respondents contended that the decision was based on policy and existing educational infrastructure.
Ratio Decidendi
The court found no arbitrariness in the government's decision, which was based on policy considerations and the existing educational infrastructure. The petition was dismissed.
Judgment Excerpts
The above petition takes exception to the order dated 22.4.2015 whereby the application filed by the petitioner for granting permission to open a Higher Secondary School came to be rejected.
Procedural History
The petitioners filed a writ petition in the High Court of Bombay at Goa challenging the rejection of their application and the grant of permission to respondent no. 4. The court heard the parties and dismissed the petition.
Acts & Sections
- Societies Registration Act, 1860:
