Shantabai Nimbalkar Smruti Bahuddeshiya S.,Kanhan. v. State Of Mah.Thr.School Edun.Dept.And 3 ORS.

0709wp1966.02.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.1966/2002 (Shantabai Nimbalkar Smruti Bahuuddeshiya Sanstha, thro. President Shri B.Y. Nimbalkar ..V/s.. State of Maharashtra & 3 others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Shri. B.M. Lonare, AGP for Respondent Nos.1 to 3. CORAM : R.K. DESHPANDE & MANISH PITALE, JJ.

DATE : 07/09/2017 The challenge in this petition is to the order dated 04.04.2001 granting permission by the State Government to respondent No.4 to run the middle school. The petitioner has claimed relief for directions to consider and accept its proposal and to deny for grant of such permission.

2.

In the reply filed by respondent No.2, it is stated in paragraph 5 as under :- "The answering respondent submits that the final procedure regarding submission of proposal to open a new school is prescribed in Government letter dated 31.5.2000 which has been issued in accordance with the directions of Hon'ble High Court Bench at Aurangabad issued on 11.4.2000 and 5.5.2000. It is submitted that the petitioner society was recommended by State Level Committee while respondent No.4 society was recommended by District Level Committee. However, the Cabinet Sub

0709wp1966.02.odt Committee of Ministers has found the respondent No.4 society to be more suitable to open the school. Therefore, the Government has given permission to respondent No.4 society to open the new school. It is submitted that the said Government decision is an impeachable."

3.

In view of above, it is apparent that the case of the petitioner is considered and respondent No.4 being found more suitable to open the school, the permission was granted. In view of this, the petition is dismissed.

JUDGE JUDGE waghmare