Audumbar Vasant Patil v. The State Of Maharashtra Through Its Chief Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18466 OF 2024 Audumbar Vasant Patil
...Petitioner
Versus
The State Of Maharashtra & Ors.
...Respondent
Mr. R.M. Haridas a/w Mr. Dilip Shinde, Advocate for the Petitioner. Mr. V.M. Mali, AGP for the Respondent - State. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 11th DECEMBER, 2024 P.C. :- 1.
We have heard the learned Advocates for the respective sides.
by SUNNY ANKUSHRAO THOTE Date:
2024.12.14 12:49:37 +0530 SUNNY ANKUSHRAO THOTE 2.
The learned AGP Mr. Mali has put in appreciable efforts for taking instructions in this matter on urgent basis. He placed before us a photostat copy of the communication, dated 10th December, 2024 (2 pages), which he has received from the Divisional Secretary, Kolhapur Divisional Board of Maharashtra State Board of Secondary and Higher Secondary Education. The
same is marked as 'X', collectively for identification. 3.
On the second page of 'X', is a checklist. The Management has to tender a proposal by annexing documents as per the said checklist. Thereafter, the concerned Authority would deal with the said proposal and pass an appropriate order. 4.
The learned Advocate for the Petitioner points out that the said Board has already granted permission to the Petitioner Establishment, on 14th October, 2008 for starting the Junior College comprising of classes for the 11th Standard. However, due to a miniscul number of students and lack of faculty, the 11th Standard classes were shutdown. Therefore, the further proposal for starting the 12th Standard classes, by natural growth, was not forwarded. 5.
He submits that now, the situation is such that because of the demand of villagers, 32 students have been admitted to the 11th Standard for the academic year 2024-2025. They would be exam going in March/April-2025. The Management would tender a proposal in compliance with the checklist ('X') and as the Management already has the permission to conduct the 11th Standard
class vide the communication dated 14th October, 2008, the formalities would be completed by the Management. 6.
In view of the above and keeping the paramount interest of the education of the students from the rural parts of Taluka Kavathe Mahankal and surrounding areas, District Sangli, this Writ Petition is disposed off with the following directions:- (a) The Petitioner/Management shall submit the proposal and comply with the checklist, as expeditiously as possible and preferably on or before 31st December, 2024, to Respondent No.2.
(b) Respondent No.2, after receiving the said proposal would carry out a verification exercise, expeditiously. If there are any deficiencies, he would point out those to the Management on the following Email address i.e. apn.nagaj@gmail.com.
(c) Such deficiencies would be cured by the Management, expeditiously and the updated proposal would be tendered to Respondent No.2.
(d) Respondent No.2 would, thereafter, forward the proposal to Respondent No.4, with promptitude.
(e) Respondent No.4 would deal with the proposal and would consider the approval granted on 14th October, 2008 and keeping in view the paramount interest of the education of the 32 admitted students, pass an appropriate order, expeditiously. (f) The above exercise shall be completed in any case, on or before 15th February, 2025, since the students would be appearing for the final exams in March/April-2025. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)