Gulabsing Satya Wasave & Ors. v. The State of Maharashtra & Ors.

Mr.K.B.Choudhary, AGP for respondent nos.1 and 5. Mr.P.S.Patil, advocate for respondent no.2 ......... WITH WRIT PETITION NO.5172 OF 2010 Dilip Kamaji Tadavi and ors. ..Petitioners Vs The State of Maharashtra and ors. ..Respondents Mr.V.D.Sapkal, advocate for petitioners. -- Mr.K.B.Choudhary, AGP for respondent nos.1. Mr.P.S.Patil, advocate for respondent no.2 -- 2 5110-11-wp.odt CORAM : B.P.DHARMADHIKARI AND SUNIL P. DESHMUKH, JJ. DATE : JUNE 18, 2012 P.C.: Heard finally. 2] Advocate Mr.Sapkal for petitioners tries to demonstrate that closer of Vasti Shalas in hilly areas of Dhadgaon and Akkalkuwa, Taluka and District Nandurbar, is arbitrary, contrary to spirit of Sarva Shiksha Abhiyan and violative of Article 21-A of the Constitution of India. He submits that as need of Vasti Shala was felt and recognised, Wasti Shalas were allowed. Vasti Shalas were divided and managed by School Education Department and by Tribal Development Department for the purpose of convenience only, otherwise purpose of both the schools is one and the same.

Vasti Shalas being run by Tribal Development Department are closed down and Vasti Shalas managed by School Education Department are allowed to continue. He points out that in tribal areas, terrain makes it difficult for students to go to school and therefore, Vasti Shalas were provided and that arrangement is to be continued even further. According to him, reply affidavit filed by Smt. Jija Sampatrao 3 5110-11-wp.odt Sane on 14th February, 2012 and later affidavit filed by her on 23rd April, 2012 show inconsistent approach in this respect. He submits that what is happening to the students in hilly areas in tribal region, has not been pointed out. According to him, after enactment of Right of Children to Free and Compulsory Education Act, 2009, Act, the situation has changed and merely because there are no grants for Vasti Shalas run by Tribal Development Department, same could not have been discontinued.

He submits that if Vasti Shalas run by School Education Department can continue, other Vasti Shalas must be continued, otherwise it would be a hostile discrimination qua the students in tribal / hilly areas. His contention is that the submission that students in hilly areas are taken care of by absorbing them in regular schools, is not relevant. 3] Learned AGP for respondent nos.1 and 5 and Mr.P.S.Patil, learned counsel for respondent nos.2 oppose the petition. They contend that Vasti Shalas in tribal areas were under a particular scheme / project and as no funds are available under said scheme, the same are required to be closed down. They have taken us through the reply filed them. 4 5110-11-wp.odt 4] If need for Vasti Shalas is felt in non tribal and non hilly areas, the need must be more drastically experienced in tribal / hilly areas. If Vasti shalas are required to be continued in other areas, we feel that there is more need to continue the said Vasti Shalas in hilly and tribal areas.

5] So far as the absorption of students from Vasti Shalas in hilly and tribal areas to regular schools is concerned, the same is independent question. How that has been done and outcome thereof, also needs to be ascertained. If such absorption was not felt necessary in so far as other Vasti Shalas are concerned, the necessity of such absorption and its efficacy in hilly and difficult areas needs to be evaluated. This can be done by gathering actual figures and personal visit. 6] These details and necessary data is not placed by the petitioners before us. Petitioners are volunteers who work in Vasti Shalas in tribal / hilly areas. Students or their parents have not chosen to approach this Court. In this situation, we find that interest of justice would be met with by permitting the petitioners to make proper representation to respondent nos.1 and 5 within a period of 5 5110-11-wp.odt three weeks from today.

If such representation is made, respondent nos.1 and 5 shall, in the light of constitutional obligations cast upon them, reexamine the issue and pass further orders, if necessary, within a period of 12 weeks thereafter. 7] With these directions, we dispose Writ Petitions with no order as to costs. Needless to mention that all contentions raised in the petitions are kept open and can be looked into at a later stage. [SUNIL P. DESHMUKH, J.] [B.P.DHARMADHIKARI, J.] kbp/