Case Note & Summary
The petitioners, Momin Education Society and Islahul Amal Girls High School, are minority aided institutions running a girls school from 8th to 12th standard at Mominpura, Nanded. They challenged Government Resolution dated 20.09.2016 to the extent it granted permission to respondent No.4, Sir Sayyad Urdu Primary School, to start 8th standard on self-finance basis. The petitioners argued that the resolution violated Government Resolutions dated 02.07.2013 and 28.08.2015, which prohibit establishment of same standard school within 3 km radius of existing schools, and also contravened Section 19 of the Right of Children to Free and Compulsory Education Act, 2009 and Rule 6 of the Rules thereunder. Respondent No.4 is an aided school for boys and girls up to 7th standard. The court observed that the impugned resolution merely permitted extension of an existing school to include 8th standard, not establishment of a new school. The distance norms under the Act and Rules apply to establishment of new schools, not to extension of existing schools. The court held that the challenge was without merit and dismissed the writ petition, upholding the Government Resolution.
Headnote
A) Education Law - Right to Education - Extension of Standard - Section 19, Right of Children to Free and Compulsory Education Act, 2009; Rule 6, Right of Children to Free and Compulsory Education Rules, 2010 - The petitioners, minority aided girls school, challenged Government Resolution granting permission to respondent No.4 to start 8th standard on self-finance basis, contending that 8th standard already exists in their school within 3 km radius. The Court held that the distance norms under the Act and Rules apply to establishment of new schools, not to extension of existing schools. The impugned resolution merely permits extension of existing school, not establishment of new school, and therefore the challenge fails. (Paras 2-5)
B) Education Law - Minority Institution - Government Policy - Government Resolution dated 20.09.2016 - The Court noted that the Government policy is to extend 8th standard to schools having 1st to 7th standard, and respondent No.4 is an aided school for boys and girls up to 7th standard. The impugned resolution is in furtherance of that policy and does not violate any statutory provision. (Paras 4-5)
Issue of Consideration
Whether the Government Resolution dated 20.09.2016 granting permission to respondent No.4 to start 8th standard on self-finance basis is contrary to the Right of Children to Free and Compulsory Education Act, 2009 and Government Resolutions dated 02.07.2013 and 28.08.2015, which prohibit establishment of same standard school within 3 km radius of existing school.
Final Decision
The writ petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Right of Children to Free and Compulsory Education Act
- 2009
- Section 19
- Rule 6
- Government Resolution dated 02.07.2013
- Government Resolution dated 28.08.2015
- distance norms
- minority institution
- extension of standard
- self-finance basis
Case Details
2017 LawText (BOM) (06) 70
Writ Petition No.2292 of 2017
Anoop V. Mohta, Sunil K. Kotwal
Shri V.J.Dhage for petitioners, Shri M.B.Bharaswadkar for respondent No.1 & 2, Smt. Yogita Kshirsagar for respondent No.3, Shri M.G.Mustafa for respondent No.4
Momin Education Society and Islahul Amal Girls High School
State of Maharashtra, Deputy Director of Education, Education Officer (Primary), Sir Sayyad Urdu Primary School
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging Government Resolution granting permission to start 8th standard on self-finance basis.
Remedy Sought
Petitioners sought quashing of Government Resolution dated 20.09.2016 to the extent it permitted respondent No.4 to start 8th standard on self-finance basis.
Filing Reason
Petitioners alleged that the impugned resolution violated distance norms under the Right of Children to Free and Compulsory Education Act, 2009 and Government Resolutions dated 02.07.2013 and 28.08.2015.
Issues
Whether the Government Resolution dated 20.09.2016 granting permission to start 8th standard on self-finance basis is contrary to the Right of Children to Free and Compulsory Education Act, 2009 and Government Resolutions dated 02.07.2013 and 28.08.2015.
Submissions/Arguments
Petitioners submitted that as per Government Resolutions dated 02.07.2013 and 28.08.2015, no same standard school within radius of 3 kms from existing schools should be permitted to establish, and that Section 19 of the Education Act and Rule 6 of the Education Rules prohibit such extension.
Respondent No.4 contended that the impugned resolution merely permits extension of existing school, not establishment of new school, and distance norms do not apply.
Ratio Decidendi
The distance norms under Section 19 of the Right of Children to Free and Compulsory Education Act, 2009 and Rule 6 of the Rules apply to establishment of new schools, not to extension of existing schools. The impugned Government Resolution dated 20.09.2016 merely permits extension of an existing school to include 8th standard, and therefore does not violate any statutory provision or Government Resolution.
Judgment Excerpts
Petitioners, minority aided institutions, running only Girls school from 8th standard to 12th standard i.e. Secondary and High Secondary school at Mominpura, Nanded, have challenged Government Resolution dated 20.09.2016 to the extent of granting permission to respondent No.4 to start 8th standard on self finance basis.
The submission is also made referring to Section 19 of the Right of Children to Free and Compulsory Education Act, 2009 (Education Act) and Rule 6 of Right of Children to Free and Compulsory Education Rules 2010 (Education Rules) that the 8th standard is available in adjacent petitioners' existing school.
Respondent No.4 is aided school of Boys and Girls upto 1st to 7th standard (primary and higher primary). There is need in view of the Government Policy to extend 8th standard to schools having 1st to 7th standard.
Procedural History
The writ petition was filed on an unspecified date, and was heard finally by consent of learned counsel for the parties on 13th June 2017, with rule made returnable forthwith.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009: Section 19
- Right of Children to Free and Compulsory Education Rules, 2010: Rule 6
