Bombay High Court
Progressive Education Society And Ors vs State Of Maharashtra And Ors on 17 December, 2020
Author: Madhav Jamdar
Bench: R.D. Dhanuka, Madhav Jamdar
ppn 1 8.WPST-96256.20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.96256 OF 2020
Progressive Education Society & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
---
Mr.A.V. Anturkar, Senior Advocate a/w Mr.S.B.Deshmukh i/by
Mr.Shubham H.Misar for the petitioners.
Mr.Y.D. Patil, AGP for respondents-State.
---
CORAM : R.D. DHANUKA &
MADHAV JAMDAR, JJ.
DATE : 17th DECEMBER 2020 P.C.:-
. By this petition filed under Article 226 of the Constitution of India, the petitioners have impugned the letter dated 7 th October 2020 annexed at Exhibit 'C' to the petition by which the Special Executive Officer informed the Deputy Director of Education to conduct an audit of the accounts of schools and colleges run by the petitioners for 6 years.
2. Mr.Anturkar, learned senior counsel for the petitioners raised various issues about the validity of the order passed by the learned Minister for School Education, in view of the stand taken by the respondents in the affidavit-in-reply affirmed on 7 th December 2020 filed by the Deputy Director of Education, Pune Region to the effect that as per Rules 83 to 85 of the Secondary School Code and the Official Circular of the Commissioner of the Education dated 11 th November ::: Uploaded on - 18/12/2020 ::: Downloaded on - 19/12/2020 02:14:39 ::: ppn 2 8.WPST-96256.20.doc 2019, it is the duty to obey the law of the officers of Group-A & Group- B of the Education Department to conduct periodical supervision of schools within the jurisdiction and in view of the statement made by the learned AGP across the bar that the respondents have invoked those provisions, learned senior counsel did not press those issues raised in the petition. Learned senior counsel, however, submits that it shall be made clear in this order that if any adverse order is passed by the respondents while exercising those powers under Rules 83 to 85 of the Secondary School Code and the Official Circular of the Commissioner of the Education dated 11th November 2019, no coercive steps would be taken against the petitioners for reasonable period to enable the petitioners to challenge such adverse order, if any.
4. A perusal of the affidavit-in-reply filed by the Deputy Director of Education indicates that the respondents are seeking to take steps under Rules 83 to 85 of the Secondary School Code and the Official Circular of the Commissioner of the Education dated 11 th November 2019 against the schools conducted by the petitioners.
5. A perusal of the Rules 83 to 85 of the Secondary School Code indicates that various records are required to be maintained by the Schools pertaining to Pupils, pertaining to Staff and pertaining to School including Daily cash book, Ledger showing receipts and expenditure, including separate account for term-fees, Fees account book, Provident Fund, Vouchers, Account Register, Register of dead stock articles, Laboratory and library registers and Inward and Outward Registers etc. All Schools shall be open to inspection by the officers of the Department at all times. They will be inspected periodically with or ::: Uploaded on - 18/12/2020 ::: Downloaded on - 19/12/2020 02:14:39 ::: ppn 3 8.WPST-96256.20.doc without notice to the management. The Inspecting Officer will satisfy himself that the condition of the school is satisfactory and that it fulfills the requirements of Secondary School Code as well as those that may be laid down from time to time. In addition to regular inspections, the schools shall be open to visits, with or without notice.
6. Rule 85 of MEPS Rules, 1981 provides that Management of schools shall supply to the officers of the Department such statements and information as may be required for the purposes of inspection or for any other perupose.
7. It is thus clear that when the Inspecting Officer will visit the Schools for satisfying himself that the condition of the school is satisfactory and that it fulfills the requirements of Secondary School Code as well as those that may be laid down from time to time, the petitioners shall produce relevant records as contemplated in Rules 83 to 85 to the Inspecting Officer. The Inspecting Officer will be entitled to ask the queries relating to those records contemplated in Rules 83 to 85 which shall be supplied by the petitioners.
8. The respondents shall pass an appropriate order based on such inspection under those provisions. It is made clear that if any adverse order passed by the respondents against the petitioners, no coercive steps shall be taken against the petitioners for a period of four weeks from the date of communication of such order.
9. Writ petition is disposed of in aforesaid terms. There shall be no order as to costs.
::: Uploaded on - 18/12/2020 ::: Downloaded on - 19/12/2020 02:14:39 ::: ppn 4 8.WPST-96256.20.doc
MADHAV JAMDAR, J. R.D. DHANUKA, J.
::: Uploaded on - 18/12/2020 ::: Downloaded on - 19/12/2020 02:14:39 :::