Bombay High Court
PHULE EDUCATIONAL SOCIETY, PUNEversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed of without granting mandamus, as the Deputy Director of Education has already ordered closure of the unauthorized 5th standard class.
Summary
The petitioner, Phule Educational Society, sought a writ of mandamus to compel the closure of a 5th standard class being run by respondent No. 4, alleging that the class was unauthorized under the orders of respondents No. 2 and 3 and a 2019 Government Resolution. The respondents submitted affidavits showing that the Zilla Parishad Education Officer had communicated on 15 June 2019 that no permission could be granted for the class, and the Deputy Director of Education had, on 24 July 2019, directed immediate closure of the unauthorized class. The court noted that no valid permission existed for the 5th standard class and that the Deputy Director had already taken action to close it. It observed that a proposal for regularisation, if any, was pending before the Deputy Director and must be decided in accordance with law after hearing all parties. Consequently, the court disposed of the petition without issuing a mandamus, stating that the matter was already being addressed by the education authorities.
Issues considered
- Whether the 5th standard class conducted by respondent No. 4 is illegal and must be closed under existing orders and the 2019 Government Resolution.
- Whether the High Court should issue a writ of mandamus directing the closure of the class.
- Whether the pending proposal for regularisation affects the court's jurisdiction to grant relief.
Subjects
- mandamus
- school permission
- closure of unauthorized class
- education law
- Zilla Parishad
- primary education
- secondary school
- government resolution
Judgment
906.WP2387_2022.DOC
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2387 OF 2022
Phule Educational Society, Pune … Petitioner
Vs.
The State of Maharashtra & Ors. ...Respondents
_________
Mr. J.S. Kini a/w. Mr. Aum Kini and Mr. Parth Kini i/b. Sapna Krishnappa for the
petitioner.
Mr. Yuwraj D. Patil a/w. Mr. Pankaj P. Deokar for respondent nos. 3 and 4.
Mr. Aditya R. Deolekar, AGP for the State.
__________
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 25 AUGUST, 2026.
P.C.
1. We have heard learned counsel for the parties. The only prayer made in
this petition is required to be noted, which reads thus:
“a) That this Hon’ble Court be pleased to issue a Writ of Mandamus or a
Writ in the nature of Mandamus or any other order, writ, or direction in the
nature of mandamus to ensure that the 5th standard class being continued to
be run by respondent no. 4 is stopped forthwith in compliance with the
orders passed by respondent nos. 2 and 3 and in implementation of the
Government Resolution dated 19 September, 2019 being Exhibit A hereto.”
2. The grievance of the petitioner is that respondent no. 3 is illegally
permitting respondent no. 4-school to conduct classes at Ashoknagar, which was
commenced contrary to the norms governing the commencement of a school
and/or the conduct of classes of a secondary school. The objection of the
petitioner is to respondent no. 4 conducting classes of V Standard.
3. Responding to the petition, reply affidavit is filed on behalf of respondent
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906.WP2387_2022.DOC
nos. 3 and 4 by Mrs. Asma Momina, Education Officer (Primary), Zilla Parishad,
Pune. To such affidavit, a communication dated 15 June, 2019 addressed to the
Education officer, Panchayat Samiti has been annexed, wherein it is clearly
recorded that respondent no. 4 has no permission to conduct the classes of V
Standard. The said communication is required to noted, which reads thus:
(Translation of a photocopy of a LETTER, typewritten in Marathi)
Pune Zilla Parishad, Pune.
Yashwantrao Chavan Bhavan,
Education Department
O.W. No. Z.P. Education/
Kha.Pa.Sha./ 359
Date : 15.06.2019.
To,
Education Officer,
Panchayat Samiti, Indapur,
Tal. Indapur, District Pune.
Subject : Regarding not being able to grant approval for the 5 th standard
class.
Reference : Letter bearing O.No. Education/W.S./3/470/2019 dated
10.05.2019 from Your Office.
In connection with the above-referred letter on the above-mentioned
subject, it is hereby informed that as per the Enquiry Report submitted by you,
the distance to the Z.P. School in Ashok Nagar, Bhavani Nagar is less than 1
km and vide Z.P. Primary Department letter No. Z.P. Education/Primary-
2/475/2018 dated 01/08/2018, approval had previously been granted to the
School to start a 5th standard class. Moreover, although, the parents of 22
students have expressed their willingness and submitted in writing to that
effect to enroll their children in the 5th standard class at the Z.P. School, Ashok
Nagar itself, for the academic year 2019-20, approval for the 5th standard class
at the said Z.P. School, Ashok Nagar, cannot be granted.
(Signature Illegible)
Education Officer (Primary)
Pune Zilla Parishad, Pune.”
4. Thereafter, our attention is also drawn to the communication dated 24
July, 2019 issued by the Deputy Director of Education to the Education Officer
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906.WP2387_2022.DOC
(Primary), Zilla Parishad, Pune directing that steps be taken to close down the V
Standard classes. The said communication reads thus:
(Translation of a photocopy of a LETTER, typewritten in Marathi)
Exhibit-R-4
Office of the Deputy Director of Education, Pune Division.
17, Dr. Ambedkar road, Opp. Laal Deul, Pune 411001.
Telephone No. 020-26125699, 26122217 Fax No. 020-26122217
E-mail ID No. [email protected] Web-site www.dydepune.com
-------------------------------------------------------------------------------------------------
O.No. D.D.E./Primary-202/2018-19/5415 Date : 24th July, 2019
To,
Education Officer (Primary)
Zilla Parishad, Pune.
Subject : Regarding closing the class which was started unauthorizedly.
Reference : Representation dated 08.07.2019 from the Chairman, Phule
Education Society, Pune.
In connection with the above-mentioned subject, you are hereby
informed that this Office has received a Representation dated 08.07.2019 from
the Chairman of Phule Education Society, Pune (copy is enclosed herewith). As
mentioned in the said Representation that has been received, as per your letter
dated 15.06.2019, you are directed to take immediate action at your level, in
accordance with prevailing Rules to close the 5th standard Class at Zilla Parishad
Primary School, Ashoknagar, Bhavaninagar (Taluka Indapur, District Pune) and
to directly send the Report regarding the action taken to the Parties concerned.
Encl. : Copy of the above-
referred Representation
(Signature Illegible)
(Minakshi Raut)
In-charge Deputy Director of Education,
Pune Division, Pune – 01.
5. On such backdrop, the Zilla Parishad itself has placed the said
communications on record along with its reply affidavit. We find that, insofar as
the subsequent period is concerned, there appears to be no permission granted in
accordance with law permitting respondent no. 4 to conduct classes of V
Standard. We are informed by learned counsel for respondent nos. 3 and 4 that a
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906.WP2387_2022.DOC
proposal has been submitted and is pending consideration before the Deputy
Director of Education. If that be so, the said proposal would be required to be
decided in accordance with law. However, the fact remains that, as on date, there
is no valid permission granted to respondent no. 4 to conduct classes of V
Standard and/or any secondary classes.
6. In this view of the matter, we are inclined to dispose of this petition, as
action has already been taken by the Deputy Director of Education for closure of
the V standard classes being conducted by respondent no. 4. In the event any
proposal is pending consideration, the same shall be required to be decided in
accordance with law, after hearing all the concerned parties. We have not
expressed any opinion on any decision, which would be required to be taken on
such pending proposal.
7. The petition stands disposed of in the aforesaid terms. No costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Signed by: Vidya S. Amin Page 4 of 4
Designation: PS To Honourable Judge 25 August, 2026
Date: 29/08/2026 11:27:11
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