1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4968 OF 2007 (Mata Jijau Bahuuddesia Sanstha vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : JANUARY 18, 2008 Heard Shri Borkar, learned Counsel for the petitioner, and Mrs. Dangre, learned Additional Government Pleader for the respondent nos. 1 to 3. Shri Borkar, learned Counsel for the petitioner, states that village Nahartola, Taluq Tirora, District Gondia does not have a Secondary School and, therefore, appropriate direction may be given to the Education Department to include the said village in the master plan for allocation of Secondary School. Mrs. Dangre, learned Additional 2 Government Pleader for the respondent nos. 1 to 3, submits that petitioner has started Matoshri Bhulanbai Vidyalaya at village Nahartola since academic session 2006-07 without obtaining prior permission of the State Government and, therefore, respondent no.4 pursuant to the direction issued by the Education Officer vide letter dated 24.7.2007 informed the Head Master of the said School to close down the said School as it was unauthorized and if the Management fails to close down the School, appropriate action including initiation of criminal prosecution shall be taken. It is further submitted by the learned Additional Government Pleader that process of preparation of master plan is going on at Government level and since Government has to take into consideration various facts and circumstances while preparing master plan for the State, the process is taking sometime. However, it is prerogative of the Government to include villages in the master plan where according to the norms and policy, there is a necessity of establishment of School. We have considered the rival contentions of the learned Counsel for the 3 parties. In the backdrop of the above referred facts, it is not possible for us to issue direction sought by the petitioner since it is the State Government alone, which has jurisdiction to prepare a master plan based on the policy of the State Government considering various facts and circumstances. It appears that the said process of preparation of master plan is going on at the Government level. In view of above, it appears that the petitioner has started School without obtaining prior permission from the Government and, therefore, if the petitioner has not closed down the School as directed by the Education Department, the Education Department is free to take action against the Management according to law. For the reasons stated hereinabove, the petition suffers from lack of merits and hence, the same is dismissed. JUDGE JUDGE khj