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G. S. PATEL, NEELA GOKHALE
Chatrapati Shivaji Shikshan Prasarak Mandal – Appellant
Versus
Education Officer – Respondent
JUDGMENT
Neela Gokhale, J. - Rule. Since there is an Affidavit in Reply, Rule is made returnable forthwith.
2. The Petitioner impugns a letter dated 13th April 2004 issued by the 3rd Respondent, the Deputy Director of Education. The letter, directs the Education Officer, (Primary) Zilla Parishad, Thane and the Education Officer, Thane Municipal Corporation ('TMC') to convey to the Petitioner that the Petitioner school had unauthorisedly commenced the Ist standard classes after seven years without prior approval of the Government. Therefore, the Petitioner was directed to stop conducting classes for the Ist standard.
3. The Petitioner seeks the following reliefs:
b. That writ of mandamus or a writ in the nature of mandamus or for any other appropriate writ, direction or order be issued and
Though the petitioner’s school was closed down, it cannot be said that no permission can be given to restart the school.
Administrative orders rejecting school recognition must be reconsidered after affording opportunity and considering undertaking to comply with conditions.
The impugned order was contrary to the court's earlier directions, and the authorities were obligated to consider the compliance furnished by the petitioner institution and pass necessary orders in a....
Lack of prior government approval invalidates school recognition revocation under the Education Rules.
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