1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 3938 of 2008 Fule v. State and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Dr B.G. Kulkarni, Adv for petitioner Ms Ketki Joshi, AGP for respdts 1 to 4 Mr Anand Parchure, Adv for respdt no.5. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 3rd February 2009 1. Heard Dr B.G. Kulkarni, learned counsel for the petitioner; Ms Ketki Joshi, learned AGP for respondents no. 1 to 4 and Mr Anand Parchure, learned counsel for respondent no.5. 2. Grievance of the petitioner is in respect of grant of permission by the State Government to respondent no.5 Sanstha to start Junior College of Arts at Sindhewahi for the academic session 2008-09. Learned counsel for the petitioner contended that the District Level Committee, though recommended proposal of respondent no.5 to the State Government to start new Junior College, however, the same was submitted by the Committee 2 without conducting inspection in respect of availability of infrastructural facilities such as, proper building etc. It is, therefore, contended that permission granted by the State Government is bad in law. 3. Mr Anand Parchure, learned counsel for respondent no.5 has submitted that the contentions canvassed by learned counsel for the petitioner are incorrect and false. Respondent no.5 is, in fact, running primary and secondary school in a proper building and now respondent no.5 Sanstha is granted permission to run Junior college since respondent no. 5 has sufficient accommodation and other infrastructural facilities. 4. In the backdrop of the above-referred facts, we dispose of the present writ petition and expect Education Officer to ascertain from the District Level Committee whether respondent no.5 Sanstha has infrastructural facilities, such as, building etc. to run Junior College and on receipt of such information, we expect the Education Officer to act in accordance with law. Judge. Judge. hsj