1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7106 OF 2009 ... Sharda Shikshan Prasarak Mandal Yeshwant Nagar & anr. ...Petitioners v/s. State of Maharashtra & ors. ...Respondents ... Mr.S.S.Pakale i/b K.J.Phakade for the Petitioners. Mr.V.S.Masurkar, GP for State. ... CORAM: D.K.DESHMUKH, & A.R.JOSHI, JJ DATED: 6th January, 2010 P.C.: 1. By this petition the Petitioner challenges the communication dated 1-1-2009, whereby the application of the Petitioner to start a school for standard 5th to 7th from the academic year 2000-01 has been rejected for 2 three reasons. The first reason is that the proposal does not comply with Condition No.2 of Government Resolution dated 27th June, 2003. Second reason is that the Eduction Committee vide its Resolution dated 10-12-2006 has granted No objection Certificate and therefore permission to said school for 5th standard cannot be granted from the academic year 2000-01. Third reason is that an undertaking to run a school on permanent no-grant in-aid basis is not given. 2. We have heard the learned Counsel for both sides. We have perused the record including the judgment of the Division Bench dated 9th August, 2000 in the petition filed by the Petitioner in relation to same school. We have also perused the affidavit filed on behalf of the State of Maharashtra. So far as reason No.1 is concerned, perusal of 3 Condition No.2 in Government Resolution dated 27th June, 2003 shows that it is applicable to the schools which are to be started after 31st March, 2002. The Petitioner s school is already in existence from 2000-01. Permission is to be granted from that year. Obviously, therefore, condition No.2 of the Government Resolution will not be applicable. So far as second reason is concerned, in our opinion, the Resolution of the Education Committee cannot be read to mean that they have no objection for start of school after the date of their resolution. The Resolution is passed in the light of the proposal of the Petitioner which was for starting school in the academic year 2000-01 and therefore, in our opinion, second reason is also not valid. So far as third reason is concerned, in our opinion, as it is the policy of the State Government not to permit to open any school 4 unless the Management undertakes to run the school on no-grant in-aid basis, the State Government is justified on insisting that the management shall submit an undertaking to that effect. In our opinion, in the facts and circumstances of this case and specifically in view of the directions issued by this court in its judgment dated 9th August, 2000, referred to above, following order would meet the ends of justice. O R D E R (i)On the Petitioner submitting an undertaking before the appropriate authority i.e. Deputy Director of Education in appropriate form undertaking to run the school for which permission is being sought i.e. from standard 5th to 7th permanently on no-grant-in-aid basis, the 5 Deputy Director of Education shall grant permission as sought by the Petitioner for running a school from standards 5th to 7th from the academic year 2000-01. (ii)Petition disposed of. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)