1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.53 OF 1998. Shivaji Education Society's Shivaji High School, Mhasadi, Taluka Sakri, District Dhule, through its President, Haribhau Sonuji Deore, Age major, R/o Mhasadi, Tq. Sakri, Dist.Dhule. ... Petitioner. Versus 1. State of Maharashtra. 2. The Secretary to the Govt. of Maharashtra, Education Department (Secondary), Mantralaya, Mumbai. 3. Director of Education, State of Maharashtra, Central Building, Pune. 4. Education Officer (Secondary), Zilla Parishad, Dhule. 5. Dhangai Vidhayak Karya Mandal, Mhasdi, Tq.Sakri, Dist. Dhule, through its Chairman Sudhakar Narayan Deore, Age major, Occ. R/o Mhasdi, Tq.Sakri, District Dhule. ... Respondents. 2 ... Mr.A.B.Girase, advocate holding for Mr.R.B.Raghuwanshi, advocate for the petitioner. Mr.V.D.Rakh, Asstt.Govt. Pleader for the State. Mr.A.N.Sabnis, advocate instructed by Mr.P.M.Shah, Sr. advocate for the Respondent No. 5. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 09.07.2010. ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. By the present petition, the petitioner takes exception to the order passed by the Respondent Nos.1 to 4 granting permission to the Respondent No.4 institution to open a Secondary School at village Mhasadi, Taluka Sakri, Dist. Dhule. 2. It is the case of the petitioner that the petitioner is running the School in the said village since 1960. It is his contention that the population is 5500 and only one School could run in the said village as per policy of the Government. However, Respondent No.5 was granted 3 permission in defiance of the said policy. 3. The said institution is functioning for more than 12 years. The Respondent NO.5 has also given an undertaking to the Court that at no time in future they will ask for the conversion of the said School into a Co-education School. 4. With the passage of time also the population must have increased and for more than 12 years the petitioner's School as well as Respondent No.5 School are functioning. There are no complaints brought to the notice of the Court in respect of functioning of the said Schools. 5. In light of the above, we find no merit in the petition. The petition is dismissed. Rule discharged. No costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp5398 4