Brihanmumbai Mahapalika Shikshak Sabha v. B.M.C.And ANR.

(213) WP 1074-02 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1074 OF 2002 Brihanmumbai Mahapalika Shikshak Sabha .. Petitioner Vs.

Brihanmumbai Muncipal Corporation & Anr.

.. Respondents Ms. Priyanka Thakur I/b Rajiv Patil for the Petitioner. Mr. Abhay Patki, AGP for Respondent No.2.

CORAM :

PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE :

4 th JUNE, 2019.

P. C. :

The grievance in the Writ Petition filed in a representative capacity is to primary school teacher being directed to survey the slums in the months of February to April, 2002. The purpose of the survey was to identify the families which were not sending children to schools. The survey was under the 'Total Education Programme' i.e. 'Sarva Shiksha Abhiyaan'; to ensure education of all children in Mumbai. Since the survey has been conducted on account of no interim stay being granted, we dispose of the Writ Petition as infructuous but leave open the question whether school teachers can be called upon to conduct duty of surveys to identify illiterate children not attending school and if in future the teachers are required to conduct such surveys, fresh Writ Petition could be filed.

[N. M. JAMDAR, J.] [CHIEF JUSTICE] 1/1