Bombay High Court
Vivek Jyoti Shikshan Sanstha ... vs The State Of Maharshtra, Through ... on 21 March, 2017
Bench: V.A. Naik
2103WP5313.13-Judgment 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5313 OF 2013
PETITIONERS :- 1. Vivek Jyoti Shikshan Sanstha, Through its
Secretary, Kanhiyalal Bansilal Tembre,
Renara, Taluka Tumsar, District - Bhandara
(M.S.)
2. Late Ratitamji Tembhre High School Lohara,
Tumsar, Dist.- Bhandara, Through its Head
Master.
...VERSUS...
RESPONDENTS :- 1. The State of Maharashtra, Through School
Education & Sports Department Mantralaya,
Extension, Mumbai. Through Secretary.
2. The Education Officer, Zilla Parishad,
Primary Education, Bhandara.
3. Block/Board Education Officer, Panchayat
Samiti, Mohadi, District Bhandara.
4. Zilla Parishad Prathamik Shala, Tadagaon,
District Bhandara, Through its Head Master.
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Ms Swarupa Pahade, counsel for the petitioner.
Mr.D.P.Thakre, Addl.Govt.Pleader for the respondent No.1.
Mr.A.Y.Kapgate, counsel for the respondent Nos.2 to 4.
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CORAM : SMT. VASANTI A NAIK &
V.M.DESHPANDE, JJ.
DATED : 21.03.2017
2103WP5313.13-Judgment 2/4
O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)
By this writ petition, the petitioner challenges the order of
the respondent No.2-education officer granting permission to the
respondent No.4-zilla parishad to upgrade its school up to 8 th standard.
2. According to the petitioner, the petitioner-society is
running several educational institutions and is also running a school
which has 8th standard classes in village Tadagaon. It is stated that the
respondent No.2 illegally permitted the respondent No.4-zilla parishad
to upgrade its school and start the 8th standard classes, though the
distance between the petitioner-school and the school run by the zilla
parishad is only 2.9 kilometers. It is stated that as per the government
resolution dated 02/07/2013, permission to start 8 th standard classes
cannot be granted if the distance between the proposed school and the
existing school is less than 3 kilometers.
3. Ms Swarupa Pahade, the learned counsel for the
petitioner, submitted that permission is granted to the zilla parishad to
start the school in violation of the policy, in the government resolution
dated 02/07/2013. It is stated that as per the said government
resolution, permission cannot be granted for starting the 8 th standard
classes if the distance between the proposed school and the existing
2103WP5313.13-Judgment 3/4
school is less than 3 kilometers. It is submitted that the grant of
permission to the respondent No.4 to run the school has adversely
affected the school run by the petitioner-society.
4. On the other hand, it is stated on behalf of the respondent
that the distance between the two schools would be virtually 6
kilometers as there is a nullah between the school of the petitioner and
the school of the zilla parishad. It is stated that the children would be
required to walk via village Dhop and they would have to travel a
distance of 6 kilometers to reach the school of the petitioner in view of
the nullah. It is stated that since the parents of the children residing in
the village Tadagaon did not desire that their children should walk such
a long distance, they had passed a resolution seeking upgradation of the
zilla parishad school. It is stated that the 8 th standard classes are
conducted by the zilla parishad for nearly four years as this court had
not granted any interim relief in favour of the petitioner.
5. In the circumstances of the case, it would not be proper to
set aside the order granting permission to the respondent No.4 to
upgrade its school and start the 8 th standard classes. Though it is the
case of the petitioner that the distance between the two schools is 2.9
kilometers that would be a little less than 3 kilometers, it is the case of
2103WP5313.13-Judgment 4/4
the respondents that in view of the existence of a nullah, the students
are virtually required to travel a distance of 6 kilometers instead of 2.9
kilometers. It appears from the reply filed on behalf of the respondent
No.4 and the photographs annexed thereto that there is a nullah
between the two schools. If that is so, it would not be possible for the
students residing in the area in which the zilla parishad school has
started the 8th standard classes to travel to the school of the petitioner,
which would be a travel distance of 6 kilometers. In any case, the zilla
parishad school has started functioning since more than four years.
There is nothing on record, much less any data to show that there is an
unhealthy competition in view of the running of the 8 th standard classes
by the zilla parishad school in the concerned village.
In the result, we dismiss the writ petition with no order as
to costs. Rule stands discharged.
JUDGE JUDGE
KHUNTE
