1 wp4506.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.4506/2013
1. Dawaniwada Education Society,
Dawaniwada, Tq. Dist. Gondia,
thr. its President Shri Mahadeorao
Manasao Bhoyar.
2. National Junior Science College,
Paraswada, Tq. Dist. Gondia,
thr. Its Principal. .....PETITIONERS
...V E R S U S...
1. State of Maharashtra, through
its Secretary, Higher Education Dept.
Mantralaya, Mumbai-32.
2. Deputy Director of Education,
Nagpur Division, Nagpur.
3. Chief Executive Officer,
Zilla Parishad, Gondia.
4. Principal, Zilla Parishad High School
and Jr. College, Paraswada, Tq.
Dist. Gondia. ...RESPONDENTS
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Shri V. A. Thakare, A.G.P. for respondent nos. 1 and 2.
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CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :-
MARCH 20, 2017 ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.) By this writ petition, the petitioners seek a direction against the respondent no.4 to forthwith close down the faculty of science in their junior college at village Paraswada. The ::: Uploaded on - 21/03/2017 ::: Downloaded on - 22/03/2017 01:06:05 ::: 2 wp4506.13.odt petitioners have sought a direction against the deputy Director of Education to take appropriate action against the respondent no.4 for starting the school without permission.
The respondent no.2 has filed an affidavit-in-reply on 06.01.2014. It is stated in the affidavit-in-reply that it would not be necessary for the Zilla Parishad to seek permission of the State Government to start a school. It is stated that though initially the local bodies were required to seek permission, the said policy was changed vide Government Resolution dated 11.06.2009 and the local bodies are not required to seek a permission to start a new secondary school as no financial burden is cast upon the State Government. It is stated that it was not obligatory for the Zilla Parishad to seek a permission of the State Government before starting the secondary school.
On hearing the learned Assistant Government Pleader for the respondent nos.1 and 2 and on a perusal of the writ petition and the affidavit-in-reply, it appears that the relief sought by the petitioners cannot be granted. The petitioners have not proved that the opening of the secondary school has created unhealthy competition. No data is produced by the petitioners on record to substantiate the case of the petitioners that the school of ::: Uploaded on - 21/03/2017 ::: Downloaded on - 22/03/2017 01:06:05 ::: 3 wp4506.13.odt the Zilla Parishad has affected the school run by the petitioners- society. Also, we find from the affidavit-in-reply filed on behalf of the respondent no.2 that it would not be necessary for the Zilla Parishad to secure permission of the State Government before opening a new secondary school. This statement is not controverted by the petitioners. Thus, the ground raised in this regard is also liable to be rejected.
Since there is no merit in the writ petition, we dispose of the same with no order as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.) kahale ::: Uploaded on - 21/03/2017 ::: Downloaded on - 22/03/2017 01:06:05 :::