Bombay High CourtWP/456/2024disposed of

Fransalian Education Society Thr. Its Secretary Fr. Jerad Sahayaraj P. And ANR v. State Of Goa Thr. Its Chief Secretary And 4 ORS

2024-07-03Hon'Ble Dr. Justice Neela Gokhale2 pages

WP 456 of 2024 Meena

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.456 OF 2024 FRANSALIAN EDUCATION SOCIETY THR.

ITS SECRETARY FR. JERAD SAHAYARAJ P. AND ANR ... PETITIONERS

Versus

STATE OF GOA THR. ITS CHIEF SECRETARY AND 4 ORS ... RESPONDENTS Mr. Shivraj Gaonkar with Mr. P. Sirvoicar, Advocates for the Petitioners.

Mr. Shubham Priolkar, Additional Government Advocate for the Respondents No.1 and 2.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 3rd July, 2024 P.C.:

1. Heard Mr. Shivraj Gaonkar with Mr. P. Sirvoicar, learned Counsel for the Petitioners and Mr. Shubham Priolkar, learned Additional Government Advocate for the Respondents No.1 and 2.

2. The challenge in the present petition is with regard to taking over the management of the school by the Government. In the earlier Writ Petition No.1103/2023 decided on 02/01/2024, liberty was granted to approach the Government with a representation as provided under Section 20(7) of the Goa School Education Act. 3rd July, 2024

WP 456 of 2024

3. Mr. Gaonkar submits that accordingly a representation was filed addressed to the Secretary, Education dated 30/01/2024. However, such representation was considered by the Director of Education. He is also challenging the orders of taking over the Management. Mr. Gaonkar by placing reliance on the decision of the Apex Court in the case of MRF Ltd v/s. Manohar Parrikar and others [(2010) 11 SCC 374], would submit that when the provision itself gives power to the Government under Section 20(7) to decide the representation by the Government, the Administrator i.e. the Governor on the basis of the Rules framed under Article 166 of the Constitution, the Director of Education has no authority to consider and decide representation filed by the Petitioner and thus the decision conveyed to the Petitioner by the Director of Education is clearly illegal.

4. Issue notice to the Respondents.

5. Mr. Priolkar appears for Respondents No.1 and 2 undertakes to file the reply within a period of four weeks. A copy of such reply to be handed over to the Petitioner in advance.

6. Matter is kept for further consideration on 16/08/2024. BHARAT P. DESHPANDE, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 06/08/2024 12:57:16 3rd July, 2024