1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4510 OF 1994 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. K.B.Choudhari, Additional Govt.Pleader for State. ...................... CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 15/06/2010 ORAL ORDER : 1. The petitioner has filed present petition challenging the decision of the State Govt., thereby granting the permission to the respondent no. 3 to start school at Lalli (Bk.), Tq Udgir, Dist. Latur. 2. The petitioner had applied for opening the school. However, proposal of the petitioner was not granted while the proposal of respondent no.3 was granted. Feeling aggrieved thereby, the petitioner has filed present Writ Petition. 3. Initially, the present petition has been filed attributing malafides by respondent nos. 4 and 6 to please the local M.L.A. Mr. Narayan Patil. 2 4. The decision as to whether proposal of the petitioner has to be accepted, is within the domain of the executive. Unless the said decision is vitiated by malafides or arbitrariness, it is not permissible to this Court to sit in an Appeal over the decision of the State. 5. In the present case, though respondent nos. 4 and 6 were impleaded and allegations of malafides were made against them, the petition now stands dismissed as against the said respondents. In that view of the matter, the arguments regarding malafides against the said respondents can not be heard. 6. There are no allegations in the petition regarding exercise of powers arbitrarily. In that view of the matter, no case is made out for interference. The petition is, therefore, dismissed. Rule is discharged. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 4510.94 3