1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.924/2011 ELM-E-RAHBAR EDUCATION SOCIETY ..VS.. EDUCATION OFFICER SECONDARY SCHOOL, Z.P. AMRAVATI AND ORS. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Advocate S.S. Patil, adv for petitioner Advocate Mrs. T.D. Khade, for R-2 AGP Mrs Deshmukh, for R-1,3, & 4 CORAM : SMT. VASANTI A. NAIK & SHRI P.B. VARALE, JJ. DATE : JULY 25, 2011. The only relief sought by the petitioner in this petition is a direction to the respondent nos. 1 to 3 to give recognition to the petitioner society for running the 8th to 10th standard in the school run by the petitioner society. The petitioner has sought further direction to the respondent nos.1 to 3 to allow the 10th standard to appear at the examination which was to be held on 1.3.2011. It appears that by an interim order dated 28.2.2011, this court had granted permission to the Xth standard students to provisionally appear at the said examination and it is informed by the learned counsel for the petitioner to this court that the results of the said students have been declared. On hearing the learned counsel for he parties, it appears that though the petitioner society was not granted recognition and permission to run 8th to 10th standard classes in the school, the petitioner illegally granted admission to the students in Standard 8th of the school in the year 2008-2009. It is a well settled position of law that relief should not be granted to a 2 society or school which illegally starts running the classes in the absence of the permission from the concerned authorities. This is a case where the petitioner society, in the absence of the permission from the authority had started running 8th to 10th standard classes. It is specifically stated in the Secondary School Code and specially condition no.2.5 thereof that in no case a school be started unless previous permission of the department is obtained. It is further stated in condition no.2.5 of the Code that the school started without such permission shall not ordinarily be considered for recognition. Hence, since the petitioner had started 8th to 10th Standard classes in the absence of recognition, the petitioner is not entitled to the relief sought in this petition. Merely because the petitioner had written various communications to the concerned authorities and the authorities had not responded to those communications, the petitioner could not have started the 8th to 10th standard classes. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE JUDGE SMP