Bombay High Court
Dawaniwada Education Society, ... vs State Of Maharashtra, Throgh Its ... on 20 March, 2017
Bench: V.A. Naik
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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
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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
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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
