1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5922 OF 2007 1) Vivekanand Vikas Pratisthan, Parola, Tq-Parola, Dist-Jalgaon, Through its President, 2) Ratnakar Babusing Rajput Kanya Madhyamik Vidyalay, Galan, Tq-Pachora, Dist-Jalgaon, Through its Headmistress. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai-32, 2) Dy. Director (Education), Nasik Division, Nasik, Central Administrative Building, Nasik Road, Nasik, 3) Education Officer (Secondary), Zilla Parishad, Jalgaon, 4) Block Education Officer, Panchayat Samiti, Pachora, Tq-Pachora, Dist-Jalgaon. ...RESPONDENTS. 2 ... Shri. Mahesh S. Deshmukh Advocate for Petitioners. Shri.S.D. Kaldate, A.G.P. for Respondent Nos. 1 to 3. ... WITH WRIT PETITION NO.5660 OF 2008 1) Pratibha Vishwasrao Chavan, Headmistress, Shri & Sau. R.B. Rajput Kanya Madhyamik Vidyalay, Village Galan, Tq-Pachora, Dist-Jalgaon, R/o-Makrand Colony, Plot No.26/2, Mahabal Parisar, Jalgaon, Dist-Jalgaon, 2) Dilip Dinkarrao Deshmukh, Asstt. Teacher, Shri & Sau. R.B. R. Kanya Madhyamik Vidyalay, Village Galan, Tq-Pachora, Dist-Jalgaon, 3) Adhar Vikram Patil, Jr. Clerk, Shri & Sau. R.B. Rajput Kanya Madhyamik Vidyalay, Village Galan, Tq-Pachora, Dist-Jalgaon, 4) Vivek Balwantrao Deshmukh, Peon, Shri & Sau. R.B. Rajput Kanya Madhyamik Vidyalay, Village Galan, Tq-Pachora, Dist-Jalgaon, Petitoner Nos. 2 to 4 R/o- Village Galan, Tq-Pachora, Dist-Jalgaon. ...PETITIONERS. 3 VERSUS 1) The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai-32, 2) Regional Dy. Director of Education, Nasik Region, Nasik, 3) The Education Officer(Secondary), Zilla Parishad, Jalgaon, Dist-Jalgaon, 4) Swami Vivekanand Vikas Pratisthan, Parola, Tq-Parola, Dist-Jalgaon, Through its President, 5) Sudhir s/o Manohar Mahajan, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 6) Ashok s/o Ramdas Bharute, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 7) Sunil s/o Damu Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 8) Hitendra s/o Madhavrao Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 9) Ishwar s/o Vithal Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 4 10) Smt. Sarita Chandrasing Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 11) Smt. Sunanda Atmaram Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 12) Suresh s/o Sukdeo Chavan, Laboratory Attendant, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 13) Kisansing Sardarsing Rajput, Peon, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 14) Kiran s/o Pitambar Patil, Peon, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, ...RESPONDENTS. ... Shri. Sandeep S. Deshmukh Advocate for Petitioners. Shri. S.D. Kaldate, A.G.P. for Respondent Nos. 1 to 3. Shri. S.R. Barlinge Advocate for Respondent Nos. 5 to 14. ... WITH 5 WRIT PETITION NO.6234 OF 2007 1) Sudhir s/o Manohar Mahajan, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 2) Ashok s/o Ramdas Bharute, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 3) Sunil s/o Damu Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 4) Hitendra s/o Madhavrao Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 5) Ishwar s/o Vithal Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 6) Smt. Sarita Chandrasing Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 7) Smt. Sunanda Atmaram Patil, Assistant Teacher, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 8) Suresh s/o Sukdeo Chavan, Laboratory Attendant, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 6 9) Kisansing Sardarsing Rajput, Peon, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, 10) Kiran s/o Pitambar Patil, Peon, Shri and Sow. R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon, ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai-32, 2) The Director of Education (Secondary), Maharashtra State, Pune. 3) The Deputy Director of Education, Nasik Division, Nasik, 4) The Education Officer (Secondary), Zilla Parishad, Jalgaon, 5) Swami Vivekanand Vikas Pratishthan, Parola, Through its President, C/o- Shri and Sow. R.B. Rajput Girls Primary School, Galan, Tq-Pachora, Dist-Jalgaon, 6) The Head Mistress, Shri. and Sow R.B. Rajput Girls Secondary School, Galan, Tq-Pachora, Dist-Jalgaon. ...RESPONDENTS. 7 ... Shri. S.R. Barlinge Advocate for Petitioners. Shri. S.D. Kaldate, A.G.P. for Respondent Nos. 1 to 3. Shri. M.S. Deshmukh Advocate for Respondent No.5. Shri. L.V. Sangit Advocate for Respondent No.6. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 5TH OCTOBER, 2010. PER COURT : 1. Heard learned counsel for the parties. These Petitions are pending at admission stage since the year 2007. 2. The Petitioner in Writ Petition No.5922 of 2007 is a society namely Vivekanand Vikas Pratisthan, which was permitted to run a secondary school having 5th to 10th standard classes, according to the Petitioner. The school was known 8 as Ratnakar Babusing Rajput Kanya Madhyamik Vidyalay. The Petitioner contends that the school is being run since the year 2001 at village Galan, Tq-Pachora, Dist-Jalgaon. The Petitioner applied for transfer of the school from village Galan to village Pahur, Tq-Jamner, Dist-Jalgaon. By communication dated 3rd July, 2007 the State Government rejected the proposal in the light of the directions given by the High Court in the proceedings of Writ Petition No.2897 of 2006. 3. Writ Petition No.6234 of 2007 was filed by some of the employees of the said school i.e. Ratnakar Babusing Rajput Kanya Madhyamik Vidyalay, with grievances that they are not paid salaries. It is prayed that the school shall be continued to run at village Galan. It is alleged by the Petitioners that discriminatory treatment was given to them as compared to some section of the staff, which allegedly was getting favourable treatment from the management. Some other issues are also raised in the proceedings of this Writ 9 Petition. 4. In the proceedings of Writ Petition No. 5260 of 2008, some of the employees of the school i.e. Ratnakar Babusing Rajput Kanya Madhyamik Vidyalay, including Head Mistress, approached this Court praying for directions to Respondents to release their salaries and allowances from the year 2007. Issue of approval of the employees was also raised. 5. During the course of hearing of these Petitions, it was pointed out that a Writ Petition No.4444 of 2007 was filed by one Tuljai Shikshan Mandal, in which Vivekanand Vikas Prathisthan was not a party to the proceedings. By an order dated 19th November 2007, the Division Bench of this Court (CORAM: N.V. DABHOLKAR AND P.V. KAKADE, JJ.) disposed of the said Writ Petition by a reasoned order. It is contended by the counsel for the Petitioner that Tuljai Shikshan Mandal had applied for starting a school at village Galan. It was 10 further pointed out that in Para 5 of the Order passed in Writ Petition No.4444 of 2007, the Division Bench of this Court, directed the Respondent Nos. 1 to 3 therein, to invite applications for running secondary school for girls at village Galan, since the school which was allotted to that village was no more in existence. Learned counsel for the Petitioner in Writ Petition No.5922 of 2007 submitted that the State Government had filed Review Petition in the proceedings of Writ Petition No.4444 of 2007 in April, 2008, which is still pending. In Para 3 (A) of the Review Petition, it was contended by the State Government that in village Galan, R.B.R. Kanya Madhyamik Vidyalay was running 10th standard classes and as such R.B.R. Kanya Madhyamik Vidyalay was in existence and therefore the State Government did not invite fresh applications for running secondary school at village Galan, Tq- Pachora, Dist-Jalgaon. 6. The learned counsel appearing for the 11 Petitioner in Writ Petition No.5922 of 2007 submitted that Special Leave Petition was filed before the Apex Court against the Judgment and Order delivered by the Division Bench of the Bombay High Court at Nagpur Bench in Writ Petition No.2897 of 2006. The counsel submitted that the Apex Court, by an Order dated 2nd November 2006, granted interim stay to the impugned Judgment and Order passed in Writ Petition No.2897 of 2006. Therefore, the counsel submitted that the impugned communication dated 3rd July 2007, in respect of transfer of the school shall not be taken into consideration. It was the submission of the counsel that on the proposal of the transfer of the school from village Galan to village Pahur, the State Government ought to have passed a reasoned order after considering the record and in accordance with law and the policy adopted by the State. 7. The learned A.G.P. Shri. Kaldate placed reliance on the affidavit in reply filed by the 12 State Authorities in these proceedings. We have perused the same. We have even looked into some of the communications made by the State Authorities inter-se in respect of the issues like, whether R.B.R. School is closed or running at village Galan, whether R.B.R. School was already transferred to village Pahur or not, and the issues in respect of the grievances of the staff members. 8. Prima facie we find that the State Authorities ought to have taken appropriate steps in respect of the issues involved herein, which would not have stretched this matter so far and so long. During the course of time, several other issues have cropped up, which has expanded the scope of the Petitions. Some of the issues, according to us, are in the realm of disputed questions of facts, which cannot be gone into at this stage in exercise of our writ jurisdiction. In the facts of the case and in totality of the circumstances, we are of the view that the 13 responsible Authorities shall address all these issues, look into the facts, records, pleas of the parties and thereafter take a final decision, so that once for all the contesting parties are made aware of the stand adopted by the State authorities. After considering and discussing on the possible solution to these pending problems, with which the contesting parties are faced, we find that in the facts of the case it would be proper, reasonable to direct the highest Authority like the Director of Education (Secondary) to look into the matter and after considering the issues raised by the parties, the record, the legal provisions and the policy of the State, pass appropriate, reasoned order. Broadly, we would mention the issues which the Director of Education could be addressing under our Order. 9. It is pertinent to mention that the issue in respect of the proposal forwarded earlier by the Vivekanand Vikas Pratishthan in respect of transfer of the school from village Galan to 14 village Pahur, would fall in the domain of the State meaning thereby, the Secretary of the School Education Department will have to address the said issue and pass appropriate order, strictly in accordance with law. 10. We therefore, direct the Director of Education (Secondary) to address following issues in respect of the proceedings of these Writ Petitions: A) Whether Vivekanand Vikas Pratishthan is running 5th to 10th standard classes at village Galan, Tq-Pachora, Dist-Jalgaon. B) Number of staff members, teaching and non-teaching, employed by the R.B.R. Girls Secondary School, which is run by Vivekanand Vikas Pratishtnan. C) Whether the staff engaged by 15 the society/ school authorities has been approved by the Education Officer. D) Whether the Vivekanand Vikas Pratishthan/ R.B.R. Girls Secondary School is getting grant in aid. E) Whether the teaching and non-teaching staff members of the school are regularly paid their salaries, and if not, then the amount of arrears of salary till the date of decision taken by the Director of Education. F) The Director shall take a fresh review in respect of the need to have primary and secondary school at village Galan and village Pahur, keeping in view the population of the said village, strength of students and policy of the State. 16 11. The Petitioners or their authorized representatives in all these Writ Petitions shall appear before the Director of Education, Maharashtra State, Pune on 25th October, 2010 at 11.00 a.m. The Director of Education thereafter shall proceed to hear the grievances put up before the Authorities in writing. The Director of Education is entitled to hear the parties personally. The Director of Education shall thereafter pass a reasoned order in respect of the issues raised by us as above, in his Order. The Director of Education shall communicate the report/decision to the Secretary, School Education Department, within EIGHT WEEKS from 25th October, 2010. 12. The Petitioners are entitled to file comprehensive representations in respect of their request for transfer of school from village Galan to village Pahur, within FOUR WEEKS from today, addressed to the Secretary, School Education Department, State of Maharashtra, through the 17 Director of Education. We direct that the Secretary, School Education Department shall pass appropriate orders on the said proposal strictly in accordance with law. The Secretary, School Education Department is entitled to hear the parties concerned through their representatives, if it is desirable to do so. The relevant record shall also be looked into before passing order. . The Secretary, School Education Department, State of Maharashtra, shall thereafter pass appropriate orders on the proposal submitted by Vivekanand Vikas Pratisthan, in respect of transfer of R.B.R. School from village Galan to village Pahur, within TEN WEEKS from the date of receipt of the report/ order/ decision of the Director of Education (Secondary). The Secretary, School Education Department, shall communicate the decision in respect of proposal of transfer of R.B.R. School and the report/ order/decision of the Director of Education (Secondary) on the issues as mentioned aforesaid in this order, to 18 the Secretary of Vivekanand Vikas Pratisthan Society and a copy of the same be forwarded to the concerned Education Officer, who shall intimate the order to the concerned parties. 13. For the reasons stated above, the impugned communication dated 3rd July, 2007, Exhibit Q in Writ Petition No.5922 of 2007 shall not be operative. 14. For the reasons stated above, the interim relief granted in Civil Application No.10212 of 2008 in Writ Petition No.5660 of 2008 shall continue till the Secretary, School Education Department passes order as directed by this Court. 15. We do not express any opinion on the issues raised by the parties concerned. 16. With these directions, all the Writ Petitions are disposed of. 19 17. In the light of the order passed in the Writ Petitions, all the pending Civil Applications are disposed of. . Authenticated copy of this order be provided to the requesting parties. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/OCT10/wp5922.07