1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.5659 of 2006 (Subhash s/o Zinguji Dongare and others v. The State of Mah. and others) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri A.B. Patil, Advocate for Petitioners. Shri S.Y. Deopujari, AGP for R- 1 to 3. Shri H.K. Pandey, Advocate for R- 4. CORAM : A.M. Khanwilkar & R.C. Chavan, JJ. DATE : 3rd June, 2008 1. Heard counsel for the parties. 2. The principal relief claimed in this petition is for a direction against respondent Nos.1 to 3 to initiate action for withdrawal of recognition of School run by respondent No.4. This grievance is founded on the order passed by respondent No.2 – Deputy Director of Education, Amravati Division, Amravati, on 29-6-2005. The said order permits respondent No.4 School to shift its Secondary and Higher Secondary School on certain conditions. One of the condition stipulated in the order is that the teaching and non-teaching staff presently working with the parent Institution will have to be absorbed in the Institution permitted to be shifted to new premises. In substance, the grievance of the petitioners is that this condition has not been complied with so far. 3. Respondent No.3 – Education Officer, on the other hand, on the affidavit has stated that the petitioners have given in writing that they are 2 not interested in being absorbed in the transferred Institution. This fact, however, has been stoutly refuted by the petitioners. 4. The petitioners are justified in relying on the circumstance that in fact the Education Officer invited Expert's opinion with regard to the genuineness of the document in possession of the Education Officer disclosing that the petitioners are not interested in being absorbed in the transferred Institution. The Expert has, in turn, opined that it is not possible to authoritatively state that the signatures appearing in the said document pertain to the petitioners herein. In our opinion, it necessarily follows that the document relied upon by the Education Officer will be of no avail. 5. In any case, as the petitioners have approached this Court and have stated on affidavit their willingness to join the transferred Institution, there is no reason why the Education Officer should still entertain any doubt as is expressed in the reply affidavit. 6. Counsel for respondent No.4 invited our attention to the orders passed by this Court in Writ Petition No.1205 of 1996 (at pages 12 to 15 of the paper book). In our opinion, the said orders have no bearing on the point in issue that arises for our consideration. 7. The limited issue in the present matter is about non-compliance of the condition imposed by the Deputy Director of Education, Amravati Division, Amravati, in his order dated 29-6-2005 to absorb all the teaching and non-teaching staff already working in the parent Institution, in the Institution at the shifted locality. The grievance of the petitioners has not been redressed. It is only the Education Officer, in the first place, have to consider that aspect and pass appropriate orders/directions, as may be advised, so as to ensure that the conditions in the order dated 29-6-2005 are complied with in its letter and spirit; failing which, the Education Officer may be free to initiate action for withdrawal of the recognition, if so advised. 3 We are not expressing any opinion one way or the other on that aspect. All the contentious issues between the two factions of the Management of the Institution inter se or otherwise will also be kept in mind by the Education Officer before passing any final directions on the issue of withdrawal of recognition of the School. 8. For the time being, suffice it to observe that the petition is being disposed of with direction to the Education Officer to examine the matter in the light of the above observations irrespective of the pendency of other proceedings between the parties, which essentially pertain to the issue of Management of two groups with which teaching and non-teaching staff has no concern. The Education Officer shall pass appropriate directions, as may be advised, as expeditiously as possible and preferably before commencement of the new Academic Session 2008-09 so that the interest of the students is not jeopardized. 9. Petition is disposed of on the above terms. JUDGE JUDGE pdl