1 PIL.86.2009.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION PUBLIC INTEREST LITIGATION NO. 86 OF 2009 Mirza Naheed Baig ...Petitioner Vs. The Municipal Commissioner of Greater Bombay & Ors. ...Respondents Mr.A.N. Mulla, Advocate for the Petitioner Mr. K.K. Singvi, Sr. Advocate with Ms. Geeta Joglekar, Advocates for Respondents 1 & 2 Mr. B.B. Sharma, AGP for State CORAM : MOHIT S. SHAH, C.J. AND MRS. ROSHAN DALVI, J. Date : 11 October 2011. P.C. 1. In this Public Interest Litigation the Petitioner has challenged the closure of vernacular language municipal schools run by the Municipal Corporation of Greater Mumbai in Mumbai, and in Navi Mumbai and the Petitioner has also prayed for direction to the Municipal Corporation to restart the municipal schools mentioned in Exhibit-A to the Petition. 2. In the affidavit in reply filed on behalf of the Municipal Corporation by the Deputy Eduction Officer of the Corporation, it is pointed out that the Municipal Corporation had in the past obtained a number of premises on rental basis for conducting schools. Such schools were located in various buildings. The officer has replied to several illustrations of MMC 2 PIL.86.2009.sxw premises as indicated in Exhibit-A to the Petition. 3. Khandia Street Urdu School was in a dilapidated condition and a notice under. Section 354 of the MMC Act was issued to the owner of the said building. Since the building was in a dilapidated condition the relevant Municipal School being Khandia Street Urdu School was shifted to Chandramani Buddha Vihar Road, in the year 1986. This school though shifted continues to impart education at a distance of 1 to 1.5 km from the original Khandia Street Urdu School. At the relevant time few students opted to be admitted to Undriya and Nagpada Municipal Schools which are also at a distance of 1 to 1.5 km from the original Khandia Street. The total strength of students of the Khandia Street Urdu School was ultimately shifted to Chandramani Buddha Vihar Road, Municipal School in the year 1986. The number of students have been decreasing from 1989 and also in other municipal vernacular medium schools. The Corporation formulated policy and demanded compensation from the owner for surrendering the tenanted premises which came to be challenged in Writ Petition No.1824 of 1985 before this Court. Pursuant to the orders passed in the said writ petition, the Corporation issued resolution No.1383 dated 12 September 1990. Khandia Street Urdu School was established in the year 1921. The surrender of the tenanted premises of the said school was also the subject matter of the writ petition 1137 of 1993 challenging the said corporation resolution dated 12 September 1990. As per the orders passed on 28 June 1999 in the said petition, the owner of the premises were directed to pay the Corporation Rs.28,19,790/-. 4. Similarly the Corporation has given explanation about the closure of the other schools mentioned in Exhibit-A and it is indicated that the school situated at Khatija Mansion, House No.226/228, Mumbai-9 known as New Khoja Mohalla Urdu School was run as a primary school. The said school 3 PIL.86.2009.sxw was in a dilapidated condition and therefore, the school was shifted to J.R. Urdu School No.1 for the safety of the children. The said J.R. Urdu School was at a distance of 5 minutes walk from the old school. A perusal of Exhibit-A to the petition indicates that the Petitioner has made grievance about closure of 11 schools between the year 1983-1990. 5. Having heard the learned Counsel for the parties by our order dated 23rd December 2010 we directed the Municipal Commissioner to submit a report indicating the number of primary and secondary schools, both public and private and the number of children studying in the said schools. In compliance with the said direction the Municipal Commissioner filed affidavit dated 20th January 2011. 6. After considering the said information, this Court also called upon the Municipal Commissioner to refer to Chapter IV of the report made to Justice Sacchar Committee. 7. From the affidavit of the Municipal Commissioner, it transpires that in the academic year 2010-2011 there are 208 Urdu medium schools being run by the Municipal Corporation in which 1,02,082 students are studying. The Municipal Corporation also runs 20 aided Urdu medium secondary schools and 26 unaided secondary schools in which more than 13000 students are studying. This Court, therefore, called upon the authorities to place on record particulars about the Urdu medium secondary schools. 8. The State Government has filed an affidavit in September 2011, it has been pointed out by the State Government that there are in all 195 Urdu medium higher secondary schools. In North Mumbai 47 High Secondary Urdu Medium schools, in South Mumbai 33 Higher Secondary Urdu Medium Schools, in West Mumbai there are 27 Higher Secondary Urdu 4 PIL.86.2009.sxw Medium Schools. In all 91066 students are studying in these 195 Urdu Medium Secondary Schools out of which 8 are aided schools and the others are unaided schools. Out of it 149 private secondary schools and 44 are municipal secondary Urdu medium schools controlled by the State Government. 9. Our attention has also been invited by the learned AGP to the schemes made by the Central Government in providing fees and scholarships to the students of the minority community. In our view, thefore, although the number of aided Urdu medium schools is less, considering the wide range of the above Central Government schemes, there are Urdu medium secondary schools over and above the Urdu medium primary schools being run by the Municipal Corporation. 10.The learned Counsel for the Petitioner has however placed reliance on the report of Municipal Education in the city of Mumbai published in 2010 which is brought out by an NGO. However the thrust of the said report is regarding improvement in the quality of education in the municipal schools. The focus of the said report is, therefore, only on the qualitative aspect. 11.As far as grievance in this petition is concerned it was about inadequate number of vernacular medium schools in the city of Mumbai. That issue has already been dealt with by the Municipal Commissioner as per his affidavits and also by the State Government. 12.Still however in case the Petitioner is of the view that enough number of vernacular schools are not available in particular wards, it will be open to the Petitioner to make representation to the Municipal Commissioner and the State Government in the Education Department for schools in such 5 PIL.86.2009.sxw particular localities. After such a representation is made within 2 months from today, the State Government and the Municipal Commissioner shall consider the same in proper perspective as expeditiously as possible and preferably within 4 months from the date of receipt of representation. 13.The Petition is accordingly disposed off. CHIEF JUSTICE ROSHAN DALVI, J.