IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA &

HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA ON THE 28^th OF NOVEMBER, 2024 WRIT PETITION No. 36984 of 2024 SWARGIYA SHRI KAILASHCHANDRA ACHARYA ASHASHKIYA SHIKSHAN EVAM SAMAJIK SANSTHA SANGH BHOPAL Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Utkarsh Joshi - advocate for the petitioner.

Shri Anand Soni - Addl. Advocate General for respondents No1 and 2.

ORDER Per: Justice Vijay Kumar Shukla The present petition is filed as Public Interest Litigation seeking following reliefs and interim reliefs:-

"In view of the foregoing, it is most respectfully prayed that this Hon'ble Court may be pleased to: -

(a) This Hon’ble Court may kindly be pleased to issue appropriate Writ/Direction/Order to the appropriate authority to ensure that no arbitrary and coercive action be taken against the Schools and any educational institutions;

(b) Issue an interim stay on any coercive or punitive action by the Respondents against private schools, including cancellation of recognition, imposition of Signature Not Verified Signed by: VARGHESE penalties, or other adverse measures, in connection with compliance deadlines or requirements set to be enforced by 25.11.2024.

(c) Stay the enforcement of further arbitrary actions against private schools pending the final adjudication of this Public Interest Litigation, particularly those related to the mandatory registered rent agreements, excessive Manyata Shulk and Sambadhata Shulk, and other disproportionate compliance requirements (d) Grant an extension of compliance deadlines for schools currently unable to fulfill the newly imposed regulations, ensuring that no school faces closure or operational disruptions due to non-

compliance by 25.11.2024 or thereafter.

(e) This Hon’ble Court may kindly be pleased to issue interim guidelines directing the Respondents to consider proportional adjustments to the fixed deposit and land requirements based on student strength and location, ensuring immediate -relief for smaller institutions.

(f) This Hon'ble Court may kindly be pleased to direct the Respondents to appoint an expert committee to assess and address the technical and compliance-related challenges faced by schools, particularly in relation to the functionality of the Apar 2.0 portal, and to suggest amendments to streamline the compliance process.

(g) The petitioner also requests the implementation of a reporting mechanism whereby private schools can submit grievances related ‘to the portal’s functionality, technical issues, or compliance requirements. This would enable timely resolution of concerns and ensure transparency in the process. (h) Pass any other interim orders as this Hon'ble Court may deem fit and necessary in the circumstances of the case."

The petitioner claims to be a society registered under Madhya Pradesh Society Registrikaran Adhiniyam, 1973. The petitioner contends that various rules governing the recognition of the schools are Signature Not Verified Signed by: VARGHESE arbitrary as they prescribe excessive land requirements, mandatory registered rent agreements, inflated recognition fees (Manyata Shulk), affiliation fees (Sambadhata Shulk) and fixed deposit requirements for primary schools.

The issue which is being raised by the petitioner cannot be entertained in a Public Interest Litigation as neither the schools nor the students have come up before this court raising the said issues. The petition is prima facie vague and appears to be a sponsored petition. The same is a glaring example of misuse of the forum. The Apex Court in the case of State of Uttaranchal Vs. Balwant Singh Chaufal & Ors.

(2010) 3 SCC 402.

The relevant paragraph 181 of the judgment is reproduced as under:-

"181. We have carefully considered the facts of the present case. We have also examined the law declared by this Court and other courts in a number of judgments. In order to preserve the purity and sanctity of the PIL, i