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2002 Supreme(Bom) 1341
IN THE HIGH COURT OF BOMBAY
Thakker C.K., C.J. Smt. Desai Ranjana, J.
Rajesh Ashokrao Patil others .... Petitioners.
Versus
Dhananjaya Samaj Seva Sanstha others.... Respondents.
Civil Application Nos. 1972 499 of 2002 in W.P. No. 4211 of 2001, decided on 24-10-2002/17-12-2002.
Advocates appeared :
M.M. Vashi, in C.A. Nos. 1972 499/2002 in W.P. 4211/2001, for petitioner.
A.V. Anturkar, in C.A. No. 1972/2002 in W.P. No. 4211/2001, for college management.
K.B. Rao, in C.A. No. 1972/2002 in W.P. No. 4211/2001, for respondent No. 2 in C.A. No. 499/2002 in W.P. No. 4211/2001, for respondent No. 1.
Mihir Desai, in C.A. No. 1972/2002 in W.P. No. 4211/2001, for respondent No. 3 in C.A. 499/2002 in W.P. 4211/2001, for respondent Nos. 2 3.
V.P. Malvankar, A.G.P., in C.A. Nos. 1972, 499/2002 in W.P. No. 4211/2001, for respondent Nos. 4 5.
The main legal point established in the judgment is the court's consideration of the rights of students from unrecognised institutions and the legal provisions and interpretations related to the recognition of educational institutions.
Headnote:
D.Ed. - Education - Bombay Public Trusts Act, 1950, Societies Registration Act, 1860 - 1986(2) S.C.C. 667, 1991(3) S.C.C. 87, 1993(3) S.C.C. 595, 1998(5) S.C.C. 377, 2000(5) S.C.C. 57 - The court discussed the legal provisions and interpretations of the Bombay Public Trusts Act, 1950, Societies Registration Act, 1860, and various Supreme Court judgments related to the recognition of educational institutions and the rights of students from unrecognised institutions.
Fact of the Case:
50 students filed a civil application seeking intervention in a writ petition filed by their college to allow them to appear in an examination. The college had demanded illegal payment from the students, and their results were not declared due to a court order. The students sought relief from the court.
Finding of the Court:
The court found that the students had been allowed to study and appear for the examination based on an interim order. Considering the totality of facts and circumstances, the court directed the authorities to declare the results of the students and issue mark sheets and certificates.
Issues: The issues involved the rights of students from an unrecognised institution, the legality of their admission and examination, and the actions of the college and authorities in granting permissions and recognition.
Ratio Decidendi: The court's decision was based on the students' right to justice and the actions of the college and authorities in granting permissions and recognition. The court also considered the legal provisions and interpretations of relevant acts and previous Supreme Court judgments.
Final Decision: The court allowed the civil application, directed the authorities to declare the results of the students, and ordered no costs to be paid.
2. The case of the petitioners is that the first respondent college has filed Writ Petition No. 4211 of 2001 in this Court for certain reliefs prayed in the prayer Clause of the petition. On 10th September, 2001, notice was issued by the Division Bench of this Court and the respondents were directed to file affidavit in reply within four weeks. It was also observed that, if possible, on the next date of hearing the matter would be disposed of finally. The Counsel for the State was also asked to seek instructions as to whether the college which was being run by the petitioner (respondent No. 1 in C.A. No. 1972 of 2002) without permission had since been closed down and whether the Government would consider grant of no objection certificate, if the college would give an undertaking not to start the college without first getting permission of the National Council for Teachers Education.
3. Thereafter the first respondent college filed Civil Application No. 499 of 2002, inter alia, praying therein that respondent Nos. 4 and 5 i.e. State of Maharashtra and Director of Examination Bureau, be ordered and directed to allow 50 students studying in the first year D.Ed. to appear at the annual examination scheduled to commence from March 20, 2002, and to allow to continue their studies in the second year D.Ed. On March 19, 2002, rule was issued on civil application. It was made returnable after eight weeks. In the meantime, interim relief was granted in terms of prayer (a) and 50 students were allowed to appear in the examination. It was, however, stated that their results would not be declared without prior permission of the Court. In pursuance of the above Order 50 students appeared at the first year D.Ed. examination.
4. The present civil application (C.A. No. 1972 of 2002) is filed by those 50 students, who had prosecuted study in first year D.Ed. in the first respondent college and were allowed to appear in pursuance of the order passed by the Division Bench in Civil Application No. 499 of 2002 filed by the first respondent college.
5. In Civil Application No. 1972 of 2002, the petitioners have stated that they have suffered for no fault of theirs. It was also stated that though at an earlier occasion, the college had approached this Court by filing Civil Application No. 499 of 2002, and prayed to allow 50 students to appear at the examination, pursuant to which they were allowed to appear at the said examination but now the college is demanding and insisting for illegal payment of large amount which the petitioners are unable to pay. The college is, hence not helping them. The resultant effect is that though the petitioners have appeared at the examination in first year D.Ed. conducted in March, 2002, their results have not been declared because of the order passed by this Court. Since respondent No. 1 college is not taking care of the petitioners, they are constrained to approach this Court by filing Civil Application No. 1972 of 2002. It is prayed in the civil application that the petitioners may be allowed to intervene in the main writ petition and their result of first year D.Ed. examination which was conducted pursuant to an order dated 19th March, 2002, be declared.
6. We have heard the learned Counsel for the parties. Mr. Anturkar, learned Counsel for the petitioners in C.A. No. 1972 of 2002, submitted that there is no fault on the part of the petitioners of Civil Application No. 1972 of 2002. They took admission in the first respondent college. They prosecuted their studies, and ought to have been allowed to appear at the F.Y.D.Ed. examination and their results ought to have been declared. Unfortunately, however, it was not done.
