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2019 Supreme(Bom) 1241
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
S.V. GANGAPURWALA, MANGESH S. PATIL, JJ.
Namankit English School Trustees Association – Petitioner
Versus
State of Maharashtra, through its Secretary, Tribal Development Department – Respondent
Writ Petition No. 13034 of 2018 With Civil Application No. 6565 of 2019
Decided On : 06-08-2019
Advocate Appeared:
For the Petitioners: Mr. V.J. Dixit, Mr. S.V. Dixit.
For the Respondent: Mr. V.M. Kagne.
Headnote:
Tribal population - Good quality education - Higher education - Petitioners in both these writ petitions assail Government Resolution - State Government considering that tribal population in State of Maharashtra is about (8.85%) and that literacy rate amongst the Scheduled Tribe is 52.2% and further that the tribal students are lagging behind in the higher education, introduced a scheme under Government Resolution to bring the tribal students into main stream and to provide them education in reputed schools with English medium - Further modification was made in the said scheme - Under the Government Resolution benefit of scheme was to be given to 2500 tribal students every year - Under Government Resolution beneficiary students were increased to 25,000 - Subsequently, under Government Resolution further modifications were made and marking system was given to the schools - Thereafter, impugned Government Resolution is issued - Under Government Resolution earlier Government Resolution is superseded - Government Resolution and Letter issued by respondent no. 1 are issued without properly appreciating object and purpose of Scheme of State Government and by impugned Government Resolutions such purpose is frustrated - Government Resolution aimed at educating students from scheduled tribe category in renowned school in English medium along with other students so as to make students from scheduled tribe competent to face challenges in era of globalization and also to provide opportunity of good quality education which would help them in obtaining higher education – Held, judgment relied on by Mr. Dixit, learned senior counsel in a case of Union of India and Others vs. Indo-Afghan Agencies Ltd. (supra) may not inure to benefit of the petitioners - In said case Government had given assurance that respondents therein would be entitled to obtain import licences for an amount equal to 100% of F.O.B. value of their exports - Improvement and development is continual and with changing times, Government has power and right to take a policy decision that English medium schools where the tribal students are admitted are capable to impart best of the education - Agreement which petitioner wants to rely on is in fact an undertaking given by petitioners that they are bound by conditions in the letter pursuant to which admission is given to tribal students - It is an undertaking given by them that when such tribal students are admitted, it would be obligatory on part of institutions to provide them all the facilities up to 12th standard – Court do not find that the petitioners can have a legitimate right to make any grievance - In Writ Petition, petitioner is a new school wherein students were never admitted - Petitioner therein submitted proposal which is subsequent to Government Resolution under challenge - It is submitted by the respondents that the petitioner-Institution does not have qualified staff - All teachers are educated in Marathi language only - Petitioner does not possess any right - Writ Petitions dismissed.
ORDER :
1. The petitioners in both these writ petitions assail the Government Resolution dated 18.05.2018 and 20.08.2018.
2. The State Government considering that the tribal population in the State of Maharashtra is about 85.77 lacs (8.85%) and that the literacy rate amongst the Scheduled Tribe is 52.2% and further that the tribal students are lagging behind in the higher education, introduced a scheme under Government Resolution dated 28.08.2009 to bring the tribal students into the main stream and to provide them education in the reputed schools with English medium. Further modification was made in the said scheme. Under the Government Resolution dated 28.08.2009, the benefit of scheme was to be given to 2500 tribal students every year. Under Government Resolution dated 21.04.2015 the beneficiary students were increased to 25,000. Subsequently, under Government Resolution dated 27.06.2016 further modifications were made and marking system was given to the schools. Thereafter, the impugned Government Resolution dated 18.05.2018 is issued. Under Government Resolution dated 18.05.2018, the earlier Government Resolution dated 27.06.2016 is superseded.
3. Mr. Dixit, learned senior counsel for the petitioner strenuously contends that:
(A) The Government Resolution dated 18.05.2018, 20.08.2018 and Letter dated 17.11.2018 issued by respondent no. 1 are issued without properly appreciating the object and purpose of Scheme of State Government and by impugned Government Resolutions such purpose is frustrated. Government Resolution dated 28.08.2009 aimed at educating students from scheduled tribe category in renowned school in English medium alongwith other students so as to make students from scheduled tribe competent to face challenges in the era of globalization and also to provide opportunity of good quality education which would help them in obtaining higher education. The purpose of affording educational opportunities to students belonging to scheduled tribe category is not getting fructified as the number of beneficiaries were increased from 2500 to 25000 and due to retrospective applications of impugned Resolution dated 18.05.2018, many educational Institutions are not given admission of new students and only few educational Institutions are given students to avoid financial burden of Scheduled Tribes students without considering its adverse effect on the beneficiaries.
(B) The proposals for academic year 2018-2019 were called from various Institutions in pursuance of the Government Resolution dated 27.06.2016 and, therefore, subsequent introduction of impugned Government Resolution dated 18.05.2018 would not be applicable to proposals called and received prior to issuance of such Government Resolution. Government Resolution dated 18.05.2018 would be applicable prospectively and will not apply to pending proposals. The Government Resolution dated 20.08.2018 is arbitrary and malafide, it not only depicts prima facie discrimination but also does not given reasons as to why Schools as referred in Clause-IV were not given admission of new students though they were found to be eligible. The Government Resolution dated 20.08.2018 gave exclusive relaxation of condition of limitation of 50% students belonging to Scheduled Tribe on flimsy grounds and imaginary considerations. It is practically impossible to ascertain the level of education of good values and good character given in particular school, still school run by Vishwatmak Jangli Maharaj Sanstha is held to be giving education of good values and character than others. Such discrimination amongst equals is not based on intelligible differntia and, therefore, such discrimination and special treatment to particular Institution is unsustainable in the eyes of law.
(C) No reasons are provided in respect of 21 Institutions as referred in Clause No. 5 so as to deny admissions of new students and also no reason is given in respect of 14 schools though held eligible in Clause No. 4, but admissio
