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Mumbai school shut since August 25; high court asks Maharashtra to clarify stand

The court said state authorities should take a proactive stand and resolve the issue.

The Bombay high court on Wednesday directed the Maharashtra government to clear its stand over shifting of Matoshree Kashiben Vrajlal Valia International School at Borivli (West). The secondary division of the Central Board of Secondary Education (CBSE) school has remained shut since August 25.

The division bench of Justice Anoop Mohta and Justice Bharati Dangre said the state authorities should take a proactive stand for resolving the issue and posted the petition filed by Borivli residents Tushar Shah and Pragnesh Gopani, whose children are studying in the school, for further hearing on Thursday.

The duo approached the high court challenging August 17 circular issued by the school principal for shifting the secondary division from Factory Lane in Borivli (West) to GH School in Borivli (East).

They challenged the school management’s decision to shift the secondary division and contended that under the prevailing policy of the state, a secondary school cannot be shifted beyond 3km from its current location.

The duo contended that most students took admission in the school as it lies within the vicinity of their homes and shifting it will compel students to travel for more than an hour to reach the school from home and back, thus subjecting the students to unnecessary hardship.

While the school management claimed that the secondary division needs to be shifted as the building it is being operated from has become dilapidated. However, the petitioners claimed that no such notice was issued by the Brihanmumbai Municipal Corporation to the school management. They alleged the management wanted to exploit the school property for commercial purpose.

Their counsel, senior advocate Mihir Desai, pointed out that under the Maharashtra Secondary School Code, for shifting a school, its management is required to follow the procedure required to be followed at the time of setting up of the new school, but no such procedure is followed by the management of MKVV International School and no permission from the authorities concerned has been obtained for shifting the school from Borivli west to east.





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