Bombay High Court
Holy Flower English Medium High School ... vs The State Of Maharashtra Thr. Secretary ... on 21 January, 2022
Author: Amit Borkar
Bench: Nitin Jamdar, Amit Borkar
Digitally signed by SMITA
SMITA JOHNSON JOHNSON GONSALVES
GONSALVES Date: 2022.01.24 16:44:41
+0530
sg 1/3 5.wp3742-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3742 OF 2021
Holy Flower English Medium
High School & Anr. .. Petitioners
v/s.
The State of Maharashtra & Ors. .. Respondents
....
Mr. Abhishek Kulkarni, for the Petitioners.
Mr. N.K. Rajpurohit, AGP, for State.
Mr. Rohit P. Sukhadeo, for Respondent No.4.
Mr. Subhash V. Gutte, for Respondent No.5.
....
CORAM: NITIN JAMDAR & AMIT BORKAR JJ.
DATE : 21 JANUARY 2022.
(Through Video Conferencing) P.C:-
Writ Petition No.3742 of 2021 is circulated. When it is called out, the only argument advanced by the learned Counsel for the Petitioners, who is holding for the Advocate for the Petitioners, is to continue the ad-interim order and adjourn the petition.
2. We note that the impugned order dated 6 May 2021 1 of 3 sg 2/3 5.wp3742-21.doc whereby the School-Petitioner No.1, conducted by Respondent No.2 - Trust, is derecognised. When the petition was moved on 5 August 2021, by ad-interim order, the impugned order was stayed, which has been continued. Thereafter, the matter was again mentioned on 17 December 2021 and the same was adjourned continuing the ad- interim order. There is no detailed adjudication of the merits of the matter as yet.
3. We have examined the impugned order. Upon receipt of the report of Three Member Committee running into 200 pages pointing out irregularities of the school, the recognition of the Petitioner School has been withdrawn. The Report, which is the foundation of the impugned order, is not annexed to the Petition.
4. Considering the situation brought about by pandemic, while we accede to the request of the learned Counsel for the Petitioner for adjournment, we direct that Petitioner Nos. 1 and 2 will deposit a sum of Rs.5 lakhs in this Court within period of two weeks. This order is necessary in light of the fact that various consequences may ensue if finally the order of derecognition of the school is confirmed.
5. As regards this sum to be deposited, further orders will depend on the outcome of this petition. Subject to deposit of this amount of Rs.5 lakhs in this Court within period of two weeks from 2 of 3 sg 3/3 5.wp3742-21.doc today, the hearing of this petition is deferred by three weeks, with continuation of the ad-interim order. If the amount is not deposited within two weeks, the ad-interim order granted earlier will stand vacated.
6. We make it clear that this deposit is being made by Sudeep Shri Sukhendu Deb, who is styled as a Secretary of Petitioner No.2 Trust. Also if report is not placed on record, liberty to annexe the report of the Committee is granted. Amendment to be carried out within two weeks. If the deposit is not made and the amount is not deposited, the ad-interim order granted earlier will stand vacated.
(AMIT BORKAR J.) (NITIN JAMDAR, J.)
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