1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.792 OF 2009 Adivasi Unnati Seva Shikshan Prasarak Sanstha At and Post.Khadki, Tq.Navapur, Dist : Nandurbar PETITIONER VERSUS 1. The State of Maharashtra, Through the Principal Secretary to Secondary and Higher Secondary Education Department, Mantralaya Annex Mumbai-32 2. Deputy Director of Education, Nashik Division, Nashik. 3. The Education Officer (Secondary) Zilla Parishad, Nandurbar. RESPONDENTS Mr.S.T.Shelke, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondents. (CORAM : P.V.HARDAS AND A.V.POTDAR, J.J.) DATE : 31/07/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the 2 stage of admission. We have heard Mr.S.T.Shelke, learned counsel for the petitioner and Shri.N.N.Jadhav, learned AGP on behalf of respondents no.1 to 3. 2. By this petition under Article 226 of The Constitution of India, the petitioner prays for quashing and setting aside the decision of the District Committee which is annexed to the petition at Exh.”B” by which the proposal of the petitioner for opening of a Junior College at Khadki, Tal.Navapur, Dist. Nandurbar came to be rejected. The sole ground on which the proposal came to be turned down by the respondents is that there would not be adequate number of students available for taking admission in the proposed college of the petitioner. 3. On notice being issued to the respondents, respondents have filed their affidavit in reply and in the affidavit in reply the reason for rejecting the proposal of the petitioner is re-iterated by the respondents. The respondents in their affidavit in reply, at para no.4 of the affidavit has stated about the number of students which would be available for taking admission in the proposed college of the petitioner. The petitioner in his re-joinder has annexed the documents showing that apart from the 4 schools to which a reference is made by the respondents in their affidavit in reply, there are 3 other schools namely Adarsha Madhyamik Vidyalaya, Khadki, Madhyamik Vidyalaya, Khadki, and Shaskiya Madhyamik Ashram Shala, Khadki and the strength of the 10th standard is 43, 33 and 24 3 respectively. According to Shri.Shelke, the strength of the aforesaid 3 schools has not been taken into consideration by the respondents while evaluating whether the petitioner’s college would have adequate number of students for taking admission. 4. In the light of that therefore according to us, the respondents have not taken into consideration the strength of the students from these 3 schools which would be available for taking admission in the proposed college of the petitioner. In the light of that therefore the matter needs to be examined afresh by the respondents to ascertain if the proposed college of the petitioner would have adequate number of students for taking admission. We therefore quash and set aside the impugned order and remitted the matter back to the Authorities for the decision afresh. We also extend an opportunity to the petitioner to provide un-impeachable material for indicating the exact strength of students which would be available for taking admission in the proposed college of the petitioner. This be done by the petitioner within 2 weeks from today and the respondents to examine the documents afresh within 4 weeks of receipt of the documents from the petitioner. 5. Rule is thus made absolute on the terms indicated above with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2009/wp792-09