1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No. 3058/2007 (Pitruchaya Bahuuddeshiya Shikshan Prasarak Mandal, Aathmurdi & another Versus State of Maharashtra & others) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. Kilor, counsel for the petitioner. Mr. Khubalkar, A. G.P. for R-1 to 6. Mr. Joshi, counsel for R-7. Mr. Choudhari, counsel for Intervenor. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : JANUARY 21, 2008. Heard. It is brought to the notice of this Court by the learned Assistant Government Pleader that the petitioner no.2 School run by petitioner no.1 shifted the same from the existing place without obtaining prior permission of the Education Department, and therefore, in view of the provisions of Clause 7.6 of the Secondary School Code, the recognition of the School shall be automatically stand withdrawn on the ground of unauthorised shifting and since the petitioner no.2 School is shifted by the petitioner no. 1 without obtaining prior permission, the recognition has deemed to have been withdrawn, and therefore, 2 prayed that this Court may not show any indulgence at the behest of the petitioner who himself is guilty of violating procedure and provisions applicable in this regard. The counsel for the petitioner states that the petitioner no.1 Mandal does not have any nexus with the said school nor running the said school. We have considered the contentions canvassed by the respective counsel. So far as the first aspect is concerned, it appears that the petitioner no.2 School has been shifted without obtaining prior permission, and therefore, the Education Department is free to take proper action according to law in view of the provisions which are applicable in this regard. So far as the School run by respondent no. 7 is concerned, We expect the Deputy Director of Education to look into this aspect and take appropriate decision according to law at the earliest, if the School run by respondent no.7 is unauthorised or is being run without obtaining necessary permission from the competent authority. With these observations and directions, the writ petition is disposed of. Interim order, if any, stands vacated. JUDGE JUDGE APTE