Jogeshwari Secondary And Higher School Through Its Headmaster Santosh Jayantrao Pandhare And Anothe v. The State Of Maharashtra And Another

1 WP 2601/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2601 OF 2017 Jogeshwari Secondary and Higher School, Palshi, Taluka Sillod, District Aurangabad, through its Headmaster & Anr.

Petitioners V E R S U S The State of Maharashtra, Through its Principal Secretary, School Education Department, Mantralaya, Mumbai & Anr.

Respondents Mr. Karad, Advocate, holding for Mr. S.S. Thombre, Advocate for the petitioners Mr. M.B. Bharaswadkar, A.G.P.

for respondent No.1/State Mrs. R.R. Mane, Advocate, holding for Mrs. Surekha Mahajan, Advocate for respondent No.2 CORAM : S.V.GANGAPURWALA AND K.L. WADANE, JJ.

DATE : 24th FEBRUARY, 2017 PER COURT :

1.

This Court under Order dated 2nd February, 2017 had allowed the Writ Petition No. 873 of 2017

2 WP 2601/17 filed by the petitioner and directed to continue the Centre of the petitioner. However, certain conditions were imposed by this Court while passing the said order. It was directed that the petitioner shall install CCTV cameras in the premises of the petitioner-School and so also security should be provided to the Examination Centre by police authorities.

2.

The learned counsel for the petitioners states that the petitioners have already filed an application to the police authority for providing security and have also installed CCTV cameras in the School and the activities in the said School can be monitored from one room. The said CCTV cameras are functional. The learned counsel submits that however the Board under the impugned communication is insisting for making facility to view the situation from the premises of the Board. The same is not possible as the facility of the broadband etc. is not available in the said village.

3 WP 2601/17 3.

Mrs. Mane, learned counsel for the Board submits that it is imperative for the petitioners to install the CCTV cameras as per the order of this Court in a manner that the situation can be monitored by the Board. Pursuant thereto, petitioner No.2 issued letter dated 22nd February, 2017.

4.

This Court has laid down two conditions in the order dated 2nd February, 2017 i.e. (1) to provide security by the police authorities, and (2) to install CCTV cameras at the Examination Centre for monitoring the examination.

5.

The condition did not lay down that CCTV cameras should be installed in such a manner that the Board can monitor the situation of the Centre from the office. Clause (2) of the letter dated 22nd February, 2017 is improper and is set aside.

6.

We accept the statement of the petitioner that the CCTV cameras are installed to monitor the examination and that they are functional. The

4 WP 2601/17 Board/its authorities can and are entitled to verify the same and see that the examination is conducted peacefully.

7.

In view of above, Writ Petition is disposed of. No costs.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. ) SRM/24/2/17