Juber Shah S/O Shabbir Shah And ANR v. The State Of Maharashtra Thr Its Secretary And ORS

2024:BHC-AUG:7382-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 31 OF 2024 1) Juber Shah s/o Shabbir Shah Age : 43 years, Occ.: Business, R/o. Shabbir Shah, Main Road Walsawangi, Near Panyachi Taki, Walsawangi, Taluka Bhokardhan, District Jalna 2) Atik Pashu Shaikh s/o Pashu Shaikh Age : 39 years, Occ.: Labour, R/o. Shabbir Shah, Main Road Walsawangi, Near Panyachi Taki, Walsawangi, Taluka Bhokardhan, District Jalna ... PETITIONERS

VERSUS

1) The State of Maharashtra Through Its Secretary, School Education and Sports Department, Mantralaya, Mumbai -32 2) The Director of Education (Primary), Pune 3) The Deputy Director of Education (Primary), Pune 4) The Zilla Parishad, Jalna Through Its Chief Officer, Jalna 5) The Education Officer (Primary) Zilla Parishad, Jalna.

... RESPONDENTS Mr. Quadir Sayed R. Advocate h/f Ms. F. S. Kazi, Advocate for the Petitioners Mr. S. B. Narwade, AGP for Respondents/State. CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 21st MARCH, 2024

ORDER (PER - R. M. JOSHI, J.) :- 1.

This Public Interest Litigation seeks attention of this Court to the alleged failure of the Respondents to maintain teachers-students ratio in Urdu Primary School run by Zilla Parishad, Jalna at Walsawangi, Taluka Bhokardhan, District Jalna.

2.

The Petitioners claim to be residents of Walsawangi and claim that the said village is having population of more than 10,000 person. It is also claimed that 30% of the said population is Urdu speaking. It is alleged that for more than five years, Respondents have not appointed the teachers in Zilla Parishad School in consonance with the ratio laid down. It is also claimed that in the academic year 2023-24, about 195 students were enrolled and that, for want of the availability of the teachers, some of the parents were constrained to withdraw the admissions of these students from Urdu medium and they are forced to take education in other schools. The Petitioners have sought to rely upon the representations made to the Chief Officer, Zilla Parishad, Jalna. 3.

This Court has already taken cognizance of this issue in Suo Moto Public Interest Litigation No. 1 of 2018 (The Registrar (Judicial) Vs. The State of Maharashtra and ors) and Suo Moto Public Interest Litigation No. 2 of 2022 (High Court of Bombay, Bench at Aurangabad, Through The Registrar (Judicial) Vs. The State of Maharashtra).

Appropriate directions are issued for maintaining teachers-students ratio in the Zilla Parishad schools. The issue has already been taken up and is being considered by this Court. Hence, we do not find any reason to entertain a fresh Petition on the same subject. In view of this position, this Writ Petition stands disposed off.

( R. M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. ) ssp