Case Note & Summary
The petitioner, Annapurnadevi Vidya Prasarak Sanstha, a registered trust running a primary and secondary school and a junior and senior college at Thalner in Shirpur Tahsil, challenged the permission granted by the State Government to respondent Nos. 5 and 6 (Kisan Vidya Prasarak Sanstha and its college) to start a Junior College with Science faculty. The petitioner had been granted permission in 2006 to start science faculty in its junior college with 100% grant, and the course was running smoothly with over 90 students. In 2011-12, respondent No. 5 submitted a proposal for permission to start science faculty. The petitioner objected, arguing that there was no need for another science faculty in the same village and that the permission would adversely affect its existing institution. The State Government granted permission on 22.1.2013 without considering the petitioner's objections and without following the prescribed procedure under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 and the relevant government resolutions. The High Court held that the permission was illegal and arbitrary, as the government failed to assess the need and consider the existing facility. The court quashed the permission and directed the respondents to follow the proper procedure if they wished to apply afresh. The decision was in favor of the petitioner.
Headnote
A) Education Law - Grant of Permission to Start New Educational Institution - Need Assessment - The State Government granted permission to respondent Nos. 5 and 6 to start a Junior College with Science faculty without assessing the need and without considering the existing facility run by the petitioner in the same village. Held that such permission is illegal and liable to be quashed as it violates the government policy and the principles of natural justice. (Paras 2-8) B) Education Law - Compliance with Government Policy - Mandatory Procedure - The permission was granted without following the prescribed procedure under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 and the government resolutions. Held that the permission is invalid as it was granted without proper application of mind and without considering the objections of the petitioner. (Paras 4-7) C) Education Law - Right to Establish Educational Institution - Reasonable Restrictions - While the right to establish educational institution is protected under Article 19(1)(g) of the Constitution, it is subject to reasonable restrictions in the interest of the general public. Held that the permission granted without following the policy is arbitrary and violative of Article 14. (Paras 2, 8)
Issue of Consideration
Whether the permission granted by the State Government to respondent Nos. 5 and 6 to start a Junior College with Science faculty at Thalner is legal and valid, considering the existing facility run by the petitioner and the compliance with government policy.
Final Decision
The High Court allowed the writ petition, quashed and set aside the permission granted on 22.1.2013 to respondent Nos. 5 and 6 to start Junior College with Science faculty. The court directed that if the respondents wish to apply afresh, the government shall consider the application in accordance with law and policy.
Law Points
- Government policy for granting permission to start new educational institutions must be strictly followed
- need assessment is mandatory
- existing facilities must be considered
- permission cannot be granted without following prescribed procedure
