1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.778 OF 2007 IN WRIT PETITION (L) NO.1325 OF 2007 AND CHAMBER SUMMONS NO.1968 OF 2007 Dubey Vimal Education Society Through its Chairman / Secretary, & Another .. Appellants. Versus Deputy Director of Education & Others .. Respondents. And Shri.Phoolchand Rampyare Upadhyay .. Applicant. Mr.P.T. Thorat for the appellants. Ms.S. Sreedharan, AGP for the State. Mr.Sanjay Prabhu i/by N.V. Bandiwadekar for the intervenor/applicant (in Chamber Summons) CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 18th January, 2008 DATED : 18th January, 2008 DATED : 18th January, 2008 P.C. : 1. We have heard the learned counsel appearing for the parties for some time. Challenge in this appeal is to the order passed by the learned Single Judge dated 6-9-2007. In the writ petition before the learned Single Judge, the appellants before us and petitioners in the writ petition, had impugned the orders and decision letters dated 5-8-2006 and 2 30-12-2006. Vide these letters, the Deputy Director of Education had withdrawn the recognition granted to the school and had required the school to stop functioning. Besides other reasons, it was also stated by the authorities that on inspection of the school, it was found that the school was lacking basic infrastructure and it needed to conduct various repairs / construction or to make the school safe for the students who were receiving education in that school. Against the orders passed by the Deputy Director of Education in October, 2004, the appellants had also filed Appeals before the Education Minister which was dismissed and the orders passed by the Deputy Director of Education were confirmed. This order was challenged in the writ petition and the learned Single Judge of this court dismissed the same on 23-6-2006. It may be noticed that various interim orders were made in Writ Petition (Civil) No.3558 of 2005, but obviously they were not compiled with and finally by order dated 23-6-2006, the learned Single Judge of this Court had dismissed that writ petition, however, with certain directions. This is the third round of the appellants. 2. After passing of the above order by the learned Single Judge vide order dated 11-6-2007, 3 even the recognition of the school was withdrawn, which resulted in filing of present Writ Petition (L) No.1325 of 2007. This writ petition came to be dismissed by the order passed by the learned Single Judge on 6-9-2007. This is a detailed order, where the learned Single Judge has discussed various grounds which were taken up by the authorities for withdrawing the recognition. In para 29 of that judgment, the learned Single Judge has specifically noticed that the size of the class-rooms was not in dispute nor the number of students. Such accommodation was apparently inadequate and the report submitted by the authorities and the Education Inspector, who was ordered to take inspection in furtherance to the order of the Court inspected the school premises on 5-5-2007 and his report fully substantiated the action taken by the respondent authorities. After referring to various authorities the learned Single Judge still granted some relief to the petitioners and while confirming the impugned orders, stayed their effect subject to compliance of the directions (b) to (f) of the said order. 3. The appellants failed to take any steps in furtherance to the indulgence shown to him by the learned single Judge and no steps were taken for 4 remedying the defects by making proper construction. 4. The appellants challenged the order of the learned Single Judge on various grounds which are primarily factual in nature. Once the facts have been determined by the authorities concerned and were found to be correct, even in the inspection report submitted by the School Inspector, there is hardly any occasion for the appellate court to interfere with the findings recorded by the learned single Judge. Despite above facts and in order to judge the bona fides of the appellants, after issuing notice in the appeal vide our order dated 2-11-2007, we had passed the following order. "Upon the condition of the Appellants depositing Rs.25 lakhs within two weeks in this Court to show the bona fide that they wish to construct a new building and remove the deficiencies pointed out, interim order to continue. The Appellants would also submit the plans for the construction of a new building to the Competent Authority. If these steps are not taken, the interim order shall stand vacated forthwith. Stand over to 23rd November, 2007." 5. As already noticed above, the order was passed with an intention to judge the bona fides of the appellants, whether he at all meant to run the school in accordance with law or was only interested in prolonging the litigation on one pretext or the other. The respondents vehemently argued that the 5 appellants are not interested in running the school and in fact was marring the career of number of students, as they would not be permitted to take examination by the board because the school is not recognised. . Despite our order and grant of opportunity, the appellants neither took any steps in terms of the order of the learned Single Judge nor deposited the amount as indicated in the order dated 2-11-2007. The learned counsel for the appellants state that the order dated 2-11-2007 has been challenged before the Hon’ble Supreme Court. Be that as it may, the conduct of the appellants before this Court has been adamant. It certainly needs to be condemned. Not complying with the directions of the Court issued by the learned Single Judge or even this Court, he has made all possible attempts to spoil the academic year of the students. 6. An affidavit has been filed in this Court on 16-01-2008 on behalf of the respondents, wherein the Deputy Education Inspector, West Zone has stated that no cooperation is being extended by the appellants for transfer of the students to recognised schools. He has not furnished any records. It is also stated that even the admission 6 forms of the students for examination in the coming year have not been sent to the board which may completely spoil the whole year of hundreds of students who are studying in the school. The appellants have gone to the extent of obstructing the working of public servants and even matters were reported to the police station. Para 9 of said affidavit reads thus : "9. I say that on a mere perusal of these two affidavits it is noticed that the Secretary is adamant not to hand over the records and files, but is high-handedly conducting the said school in some other premises without the permission / authority of the Education Department violating orders of this Hon’ble Court. I say, that the said documents are brought on record seeking extreme exigency in the matter and intervention of this Hon’ble Court to enable the respondents to comply the Order dated 16th September, 2007 and order dated 23rd November, 2007". 7. The appellants have invoked writ jurisdiction of this Court under Article 226 of the Constitution of India, which is an equitable jurisdiction and in the facts of the present case, the appellants does not deserve to claim any relief in equity. The conduct of the appellants before this Court as well as before the competent authorities has been of the nature which would compel this Court to decline any relief to the appellants. 7 8. In view of the above circumstances, we find no merit in the present appeal. The same is dismissed with no order as to costs. 9. Despite the fact, we dispose of the present appeal, we consider it in the interest of justice to issue direction to the appellants and the respondents that they should ensure that all students, particularly of the board classes are transferred to recognised schools forthwith and full cooperation would be extended by the appellants in that regard. 10. As the Appeal is disposed of, nothing further survives in Chamber summons. The same is also disposed of. CHIEF JUSTICE J.P. DEVADHAR, J.