1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4776 OF 2010. (Hafiz Munaf Minority Education and Multipurpose Society Vs. The State of Maharashtra and others) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATE : SEPTEMBER 13, 2011. Heard Shri Saboo, learned Advocate for the petitioner and learned AGP ٍShri Anoop Parihar for respondent nos. 1 to 3 finally with consent by issuing Rule and making it returnable forthwith. The petitioner had applied on 30.05.2008 to start a Secondary School i.e. from Standard 8th onwards at village Mathanee, Tq. Khamgaon, Dist. Buldhana. District Level Committee as also State Level Committee did not recommend his proposal and hence State Government rejected it on 01.04.2010. Shri Saboo, points out that mere rejection by both the committees is not decisive 2 and State Government has to independently apply its mind. He further states that State Government has also recorded its reason for not permitting petitioner such school. The learned Counsel is relying upon the Judgment of Division Bench reported in 2001(1) Mh.L.J. 776 Gramvikas Shikshan Prasarak Mandal, Sandoli Vs. State of Maharashtra and others. He further points out that, after petitioner had applied, on 27.08.2009 another society has been permitted to start School at Khamgaon i.e. at a distance of 3.7 Km. He is relying upon Full Bench judgment reported in 2009(5) Mh.L.J. 969 Shikshan Prasarak Mandal, Pune Vs. State of Maharashtra, and others to urge that distance criterion in such circumstances is held to be not relevant. In the alternative, he also points out that as there is a river between villages Mathanee and Khamgaon, even considering the existing government policy, the distance looses its significance. According to him, therefore, the impugned order dated 01.04.2010 is liable to be quashed and set aside. The learned AGP, on the other hand, relies upon the affidavit-in-reply to urge that looking to the availability of School at Khamgaon at Barde Plot the permission has been rightly rejected to petitioner. 3 Perusal of recommendation of District Level Committee reveals that in column meant for disclosing Secondary Schools in the vicinity of proposed school, no school is disclosed and that column is left blank. However, just above his signature, the Education Officer has mentioned that facilities exist for Secondary Education and hence the recommendation was in negative. State Level Committee has also left similar column no.9 and 10 blank and reproduced negative recommendation of District Level Committee in column no. 27. Impugned order dated 01.04.2010 only communicates rejection and as both committees were against the petitioner, its proposal is stated have been rejected. Name of the available school at distance of 3.7 Km. has come on record before this Court in affidavit-in-reply. Similarly facts show that permission to that School is on 27.0.8.2009 while petitioner had applied on 10.05.2008. Facts above therefore, clearly show non application of mind by respondent no.1. Division Bench of this Court in the matter (supra) has pointed out necessity of recording reasons in such situation. The relevance of distance criteria in the light of above mentioned Full Bench judgment and the river separating proposed school from 4 Khamgaon also needs consideration. In view of the above, the impugned order is quashed and set aside. The respondent no.1 to pass fresh orders in the matter after grating the petitioner an opportunity of hearing. The petitioner to appear before respondent no.1 for said purpose on 11.10.2011 and respondent no.1 shall thereafter pass appropriate orders in accordance with law within a further period of three months. The petition is thus partly allowed. Rule is made absolute accordingly. No costs. JUDGE JUDGE NSN