1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9419 OF 2010 *** The Secretary, Samarth Education Society, Dongar Shelki Udgir, Dist. Latur Versus Secretary, Department of School Education Mantralaya, Mumbai and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Mr. S. R. Choukidar, Advocate for the Petitioner. Mr. V. D. Godbharle, A.G.P. for the Respondent Nos.1 and 2. *** 1. Heard learned counsel for the parties. 2. In this writ petition, the petitioners are seeking the following reliefs: "D-I] Quash and set aside the order/ decision dated 21.9.2010 passed by the Respondent No.1 - Deputy Director of Education, Latur Region, Latur. D-II] Hold and declare that the decision dated 21.9.2010 is arbitrary, illegal and unsustainable in law. C) Hold and declare that, the order dated 20.04.2011, passed by the Respondent No.2 is illegal, arbitrary and violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India and therefore, the same is liable to be quashed and set aside." 3. Learned counsel for the parties have stated that we need not record reasons for disposing of this writ petition in terms of the order that we propose to pass and they have agreed for the said order. Hence, we dispose of this petition by the following 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9419 OF 2010 *** The Secretary, Samarth Education Society, Dongar Shelki Udgir, Dist. Latur Versus Secretary, Department of School Education Mantralaya, Mumbai and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. order: (i) The petitioners claim regarding 11th standard science faculty, is rejected as not pressed by learned counsel for the Petitioner on instructions from his client who is present in the Court. (ii) The orders dated 21st September, 2010 and 20th April, 2011, impugned in the present writ petition, shall remain in abeyance till 15th of August, 2011. Till then, the petitioners are allowed to admit the students in 11th Standards, Arts faculty, as if they have a permission to run additional division. If the petitioners do not get sufficient number of students viz. 101 for running two divisions of 11th standard, they, through their learned counsel, undertake that they will close the second division on their own on or before 15th of August, 2011. (iii) If the petitioners claim that they 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9419 OF 2010 *** The Secretary, Samarth Education Society, Dongar Shelki Udgir, Dist. Latur Versus Secretary, Department of School Education Mantralaya, Mumbai and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. have sufficient number of students, they will so inform to the Deputy Director of Education, Latur Division, Latur on or before 15th July, 2011 to enable him to inspect the school and verify the claim of the petitioners. If the Deputy Director of Education, for any reason, is not satisfied and finds that the number of students are less than the required for running the second division, he shall inform/ direct to the petitioner institution to close down the additional division on or before 15th of August, 2011. That order will be binding on the petitioners. In that event the Deputy Director, Education shall also take steps to absorb the surplus students, if any, admitted by the petitioner in neighbouring schools, on or before 15th August, 2011. (iv) Petitioners, through their counsel, undertake to abide by the directions issued 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9419 OF 2010 *** The Secretary, Samarth Education Society, Dongar Shelki Udgir, Dist. Latur Versus Secretary, Department of School Education Mantralaya, Mumbai and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. by the Deputy Director of Education and if at all they desire to raise any dispute in respect thereof, they will do so for the next academic year and shall not create any obstruction for transferring the surplus students to neighbouring schools. The undertaking is accepted. (v) The Deputy Director of Education shall re-transfer the surplus teachers who have been transferred to School at Dewani, to the petitioner school within a period of two weeks from today and shall continue to bear the burden of payment of their salary till 15th August, 2011. In the event, the petitioners are required to close their second/ additional division (11th standard, Arts faculty) the petitioners undertake to reimburse the salary paid to these teachers by the Deputy Director of Education, within a period of one month from the date of their 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9419 OF 2010 *** The Secretary, Samarth Education Society, Dongar Shelki Udgir, Dist. Latur Versus Secretary, Department of School Education Mantralaya, Mumbai and another. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. absorption in some other schools. The undertaking is accepted. (vi) If the petitioners get sufficient number of students to run the second/ additional division, as aforestated, the orders dated 21st September, 2010 and 20th April, 2011 will stand quashed and set aside insofar as the 11th standard of Arts faculty is concerned. (vii) The petitioners, so also the Respondent Nos.1 and 2 have filed affidavits dated 22nd June, 2011 and 24th June, 2011 respectively. The affidavits are taken on record and the statements made and undertakings given therein are accepted. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:24/06/2011. ans/9419