Maruti Dada Patil
Sarvangin V. Sanstha Vs. Hanuman Shikshan Prasarak Mandal & Ors. [2008]
INSC 1032 (3 July 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 493 OF 2003 MARUTI DADA PATIL SARVANGIN
.......APPELLANT(S) VIKAS SANSTHA Versus
ORDER
- The
appellant sought permission to start a new secondary school for girls in
Nagaj. On 29.5.1999, permission was granted to the appellant to run a
co-education school. The first respondent, who was already running a
secondary school at Nagaj, challenged the grant of such permission. The
Bombay High Court, by its judgment dated 19.7.2000, allowed the writ
petition and set aside the order dated 29.5.1999 with a direction to
consider the appellant's application by giving a hearing to the appellant
as well as the first respondent and then pass appropriate orders.
Thereafter, the third respondent heard the parties and by order dated
20.4.2001, cancelled the permission granted to the appellant. However,
later, the State Government by order dated 20.7.2001 withdrew the
cancellation.
- Feeling
aggrieved, the first respondent again approached the Bombay High Court in
W.P. No.854/2002. During the pendency of the said petition, the district
level Committee reconsidered the application and passed a resolution dated
10.7.2002 recommending the grant of permission. However, on 9.8.2002, the
High Court allowed the second writ petition filed by the first respondent
and set aside the order dated 20.7.2001 passed by the Government whereby
the cancellation dated 20.4.2001 was withdrawn. The order of the High
Court is challenged by the appellant in this appeal by special leave. On
20.1.2003, while granting leave, this Court stayed the order of the High
Court and permitted the appellant to run the school in accordance with the
regulations.
- The
resultant position is that the appellant, who was granted permission to
run the school on 21.5.1999, has been continuously running the secondary
school for about eight years, with short periods of cancellation. When the
matter was heard today, learned counsel appearing for the State Government
submitted that between the period when the appellant originally sought
permission and now, the demand for schools in the area has grown and in
fact the area requires more schools and the State has no objection for the
continuation of the appellant's school.
- The
objection to the continuation of the appellant's school is only by the
first respondent which is a rival school. The objection is on the ground
that there is no need for any new school and that a new school will lead
to unhealthy competition and may also result in existing school being
closed. It is also contended that the appellant had adopted illegal and
irregular means for getting the permission to start the school.
- The
contention of the first respondent that there is no need for school has
lost relevance in view of the specific stand of the State Government that
in fact these two schools are not sufficient and that further schools are
needed in the area. The apprehension that a new school may lead to
unhealthy competition and closure of the existing school is baseless, as
competition improves efficiency and excellence and the existence of
appellant's school for nearly eight years, has not affected the first
respondent's school. No prejudice is caused to the first respondent by the
appellant continuing its school. By virtue of the interim order passed by
this Court, the school has been running for more than five years. It is
also not in dispute that the appellant has also constructed buildings and
provided infrastructure required for the school and it has been running
for quite some time. In these peculiar circumstances, it is not necessary
to examine the several technical objections of the first respondent.
- We,
therefore, allow the appeal, set aside the order of the High Court and
permit the appellant to continue the school in accordance with the
regulations, in pursuance of permission already granted.
...........................J.
( R.V. RAVEENDRAN )
New
Delhi; ...........................J.
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