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Bombay High CourtWP/4870/2014dismissed

Mothercare Education Society, Through Chairman, Through Shankar Vithalsa Bidri v. State Of Maharashtra, Through Primary School Education Dept And ORS

2017-10-04Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice B.R. Gavai2 pages

23_wp_4870_2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4870 OF 2014 Mothercare Education Society through its Chairman

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. Vaibhav D. Kadam for the Petitioner.

Mr. A.A. Alaspurkar, AGP for the Respondent Nos.1 and2. Mr. R.D. Rane, for the Respondent No.3.

CORAM : B.R. GAVAI & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 4th OCTOBER, 2017.

P.C.:- The Petitioner has approached this Court being aggrieved by the order dated 4th October, 2013 vide which the application filed by the present Petitioner for grant of permission for upgradation from preprimary to primary under the Maharashtra Self-Finance Schools (Establishment and Regulation) Act, 2012 scheme came to be rejected. 2.

Perusal of the material placed on record reveals that decision has been taken by the Committee of experts consisting of five members. Apart from that it is informed that the requirement for Megha 1/2

23_wp_4870_2014.doc starting an upgraded primary school, is that an institute must have at least two acres of land if the school is situated in a rural area. Undisputedly the Petitioner is having only 629 sq.mt. land which is much less than the requirement.

3.

In that view of the matter, no error is found in the impugned order. The writ petition is dismissed. (ANUJA PRABHUDESSAI, J.) (B.R. GAVAI, J.) Megha 2/2