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30 December, 1997

HC orders stay on shifting of school tribunal 

EXPRESS NEWS SERVICE  
MUMBAI, Dec 29: The Bombay High Court has ordered a stay on the state government's decision to shift the school tribunal from Churchgate to Chembur. The matter will come up for hearing after the court vacation.

The government had passed an order on December 2 to shift the tribunal from the government barracks, opposite Cricket Club of India, Churchgate to Chembur, reportedly to make way for residential quarters for governmental employees.

In a petition filed on December 23, the Educational Institutional Practitioners Association had pointed out the inconvenience caused to schools, many of which are on the Western railway line, if the tribunal was shifted to Chembur. Advocate Mihir Desai had prayed for an alternate site in consultation with the presiding officer of the tribunal. About 170 Catholic school managements, represented by advocate Arvind Kothari, had also supported the petition. Justice Agarwal and Justice Arumugham issued a stay order on December 24.

Said Advocate Sunil Dighe, another petitioner, the office of the deputy director of education which is located in the same premises has not been directed to shift, as would be the case if the land was to be used for constructing residential quarters. Also, under the Maharashtra Employees Private School Act, the tribunal's location has to be decided upon by the presiding officer of the tribunal. However, the government did not consult the concerned officer while deciding to shift the tribunal, said Dighe.

A couple of months ago, the government had wanted to conduct all matters pertaining to south Mumbai schools from its Belapur office instead of Churchgate. The Practitioners Association had filed a petition against the move and won the case. Said Advocate Kothari, ``The tribunal at Belapur lacks basic courtroom infrastructure. The judge does not even have a dais or a chamber. The clerks tending to him do not have their own table." He said he is preparing another public interest petition against conditions in this tribunal.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.



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