Indian Progressive Education Society, Nagpur Through Its Secretary, Shri Madhukar Mahadeorao Maske v. State Of Maharashtra Through Its Secretary, Department Of School Education, Mumbai And Others

WP1379-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1379/2015 (INDIAN PROGRESSIVE EDUCATION SOCIETY, NAGPUR VERSUS STATE OF MAH. & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. R.P. Jog, counsel for the petitioner.

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : MARCH 20 , 2015.

By this petition, the petitioner seeks an order restraining the State of Maharashtra and others from granting permission to the respondent no.4-Society for shifting the school to Nageshwar Nagar, Bhandewadi, Nagpur.

We are not inclined to entertain the petition at this stage. There is no permission by the State Government to the respondent no.4-Society to transfer the school at Bhandewadi. The petition is premature. Merely because the Education Officer has recommended the transfer of the school to Bhandewadi in a communication addressed to the Deputy Director, the petitioner cannot seek a restrainment order. In absence of any order granting permission to the respondent no.4 to shift the school at Bhandewadi, the petition would be premature.

In the result, the writ petition is disposed of with no order as to costs.

The points raised in the petition are, however, kept open.

JUDGE JUDGE APTE