1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 111 of 2011 Fakruddin Ali and anr v. State of Maharashtra and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.L. Khapre, Advocate for petitioners Ms Bharti Dangre, Addl. GP for respondents no. 1,4 and 5. Ms S.S. Jachak, Adv for respdt no.3 Coram: D.D. Sinha and A. P. Bhangale, JJ Dated : 23rd March 2011 1. Heard learned counsel for the respective parties. 2. Writ Petition is directed against the order dated 26th August 2010 passed by respondent no. 2 Chief Executive Officer, Z.P. Buldana whereby permission to start 5th standard was granted to Z.P. Urdu School, Dongaon, Tahsil Mehkar, District Buldana. 3. Learned counsel for the petitioners has placed before us the following facts : (1) Vide order dated 19.5.2010, permission was granted to Zilla Parishad Urdu School to start 5th standard by the Education Officer. (2) The issue was considered by the Education Committee and vide resolution dated 10.6.2010 recommended cancellation of order dated 19.5.2010 passed by the Education 2 Officer. (3) The Education Officer, therefore, vide order dated 14.6.2010 cancelled the order dated 19.5.2010. (4) The Education Officer once again vide order dated 28.6.2010 granted permission to said Zilla Parishad Urdu School to start 5th standard. He again cancelled the said permission on the same day i.e. 28.6.2010. (5) The Education Officer once again vide order dated 5.7.2010 revoked the order of cancellation dated 28.6.2010 and granted permission to the said School to start 5th standard which again was revoked by the Education Officer on 12.7.2010. 4. Inspite of the above-referred undisputed facts, the Chief Executive Officer vide order dated 26th August 2010 once again granted permission to Zilla Parishad Urdu School for starting 5th standard. It is this order which is impugned in the present writ petition. 5. Learned Additional Government Pleader has not disputed that the competent body to recommend whether permission should be given or not on the basis of natural growth or other circumstances to any institution, is the Education Committee. In the instant case, it is not in dispute that the Education Committee considered the issue and recommended vide resolution dated 10.6.2010 to cancel the permission dated 19.5.2010 granted by the Education Officer to start 5th standard in Z. P. Urdu School. It is also not in dispute that neither 3 Education Officer nor the Chief Executive Officer of Zilla Parishad can on its own grant permission to start any standard in any school without the prior approval or recommendation of the Education Officer. The issue was reconsidered by the Education Committee on 12.8.2010 and once again the Committee decided that the permission cannot be granted to start 5th standard in Zilla Parishad Urdu School. 6. In the instant case, after 12.8.2010, the matter was never placed before the Education Committee for reconsideration of the issue of grant of permission to start 5th standard in Zilla Parishad Urdu School and without following the settled procedure, impugned order dated 26th August 2010 has been passed by the Chief Executive Officer and, therefore, in our view, the same is unsustainable in law and liable to be quashed and set aside. 7. For the reasons stated above, we quash and set aside the impugned order dated 26th August 2010 passed by the Chief Executive Officer, Zilla Parishad, Buldana. The matter is remanded back to the Education Committee who is directed to decide the issue afresh regarding grant of permission to start 5th standard in Zilla Parishad Urdu School at Dongaon and take a decision in this regard within a period of six weeks from the date of communication of this order by following the principles of natural justice. JUDGE JUDGE 4 joshi