Diocesan Society Of Education Rep. By Its Secretary Fr. Jesus N. Rodrigues v. The State Of Goa Thr The Secretary And 2 ORS

13-WP-18-24.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.18 OF 2024 DIOCESAN SOCIETY OF EDUCATION REP. BY ITS SECRETARY FR. JESUS N.

RODRIGUES. ..... Petitioner.

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY & ORS. .... Respondent. Mr Vinod Korgaonkar, with Mr Vilas Pavithran, Advocates for the Petitioner.

Mr Siddharth Samant, Addl. Govt. Advocate for Respondents No.1 and 2.

CORAM :

DEVENDRA KUMAR UPADHYAYA, CJ. & M. S. SONAK, J.

DATED :

11th January 2024 P.C.:

1.

Heard the learned Counsel for the Petitioner and the learned Addl. Govt. Advocate representing Respondents No.1 and 2. 2.

In view of the proposed order, requirement of issuing notice to Respondent No.3 is hereby dispensed.

3.

By instituting these proceedings, a prayer has been made by the Petitioner, which is a Society running a school, namely St. John of the Cross High School, Sanquelim, that a direction be issued to Respondent No.2 to grant approval to the Petitioner-Society in 11th January 2024

13-WP-18-24.DOC terms of Rule 97(2) of the Goa, Daman and Diu School Education Rules, 1986 in the matter relating to the disciplinary proceedings drawn against Respondent No.3.

4.

A submission is that the prayer for grant of requisite approval under Rule 97(2) of 1986 Rules is pending consideration before Respondent No.2 since 9/1/2023, however, till date no decision on the said prayer has been taken and that there cannot be any justification for such a delay in taking a decision. 5.

In view of the aforesaid, and having regard to the innocuous nature of the prayer made by the learned Counsel for the Petitioner, we dispose of this Petition with a direction to Respondent No.2 take a decision on the prayer of the Petitioner seeking approval in terms of Rule 97(2) of 1986 Rules, as expeditiously as possible, say within a maximum period of three months from today.

6.

The Writ Petition is disposed of with the aforesaid observation and direction.

7.

The learned Addl. Govt. Advocate shall communicate this order to Respondent No.2.

M. S. SONAK, J. CHIEF JUSTICE SANTOSH S MHAMAL MHAMAL Date: 2024.01.12 11:19:21 +05'30'

11th January 2024