The Bombay High Court concluded proceedings on a suo motu Public Interest Litigation (PIL) concerning the Maharashtra State Government's proposed 'cluster school policy'. This initiative aimed to merge smaller schools with larger ones in their vicinity to enhance educational standards across the state.
The court had previously taken suo motu cognizance based on various newspaper reports suggesting that the state government intended to consolidate smaller schools to improve education. During earlier hearings, Advocate General Birendra Saraf clarified that the government was in the process of gathering information and had not yet formulated or implemented any official policy regarding the proposed mergers.
In the session held on January 29, Advocate General Saraf reiterated that no formal policy decision had been made. He also noted that the court's suo motu cognizance was based on the impression that the policy had already been implemented, which was not the case.
Taking these clarifications into account, the division bench, comprising Chief Justice Alok Aradhe and Justice Bharati Dangre, observed that keeping the PIL pending would serve no useful purpose. Consequently, the court disposed of the PIL, stating that it remains within the state's purview to make any future policy decisions regarding the cluster school proposal. The bench also granted liberty for any such decisions, if taken, to be challenged through appropriate legal channels.
This development underscores the judiciary's role in overseeing governmental proposals that impact public welfare, while also respecting the executive's domain in policy formulation. The court's decision allows the Maharashtra government to deliberate further on the cluster school concept, ensuring that any future policy can be subjected to judicial review if necessary.
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