(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 10740 OF 2010 The Maharashtra Homeopathy Foundation, Chandanpuri Ghat, Gunjalwadi, Taluka : Sangamner, District : Ahmednagar, Through its President, Dr. Radheshyam s/o. Shivram Gunjal, Age : 51 years, Occupation : Agriculture, R/o. Gunjalwadi, Taluka : Sangamner, District : Ahmednagar. .. Petitioner. versus 1. The State of Maharashtra, Through the Secretary, School Education and Sports Department, Mantralaya, Mumbai. 2. The Divisional Deputy Director (Education), Pune. 3. The Education Officer (Secondary), Zilla Parishad, Ahmednagar, District : Ahmednagar. .. Respondents. ....................... (2) Mr. V.D. Hon, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 3. ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 3RD DECEMBER 2010 COURT'S ORDER (Per R.M. Borde, J.) : 1. The petitioner challenges the order dated 29th March 2010, passed by the Joint Secretary, Maharashtra State, School Education and Sports Department, Mumbai, thereby rejecting proposal of the petitioner, for starting Junior College in Science faculty, with Agro-science course, at Gunjalwadi (Taluka : Sangamner, District : Ahmednagar). By the said order, the Joint Secretary has also communicated, that as and when the State Government would invite proposals for starting Junior College in Science Faculty, the petitioner may submit the proposal with necessary compliance, upon which necessary action would be taken in accordance with law. 2. The said order is passed by the State Government, in (3) pursuance to the directions issued by this Court, vide order dated 15-1-2010, in Writ Petition No. 1592/2009. The said petition was filed by the petitioner for the same relief, as is prayed in the present petition. The said petition was allowed by this Court and this Court directed the competent authority to consider the proposal afresh on its own merits, in accordance with law, and decide the same by the end of March 2010. Accordingly, the State Government has decided the proposal and passed the order which is impugned in the present petition. 3. It is to be noted, that by the impugned order, the proposal of the petitioner, to start a Junior Science College, has been rejected on two grounds. One of the grounds is that the District Level Committee has not recommended the proposal of the petitioner favourably, and the second ground is that the authority, to grant permission to start a Junior College in Agro- science subject, is not vested with the School Education and Sports Department, and for starting such college necessary application has to be tendered to the Agriculture Department of the State Government. 4. We have perused the order passed by the State Government. It is recorded in the order, that there are five Junior Colleges located within the periphery of 10 kilometers and, as (4) such, the authorities did not feel it necessary to accept the proposal submitted by the petitioner favourably. The State Government has passed a reasoned order while rejecting the proposal of the petitioner for starting a Junior Science College. 5. In the light of the above, we do not deem it appropriate to cause interference in exercise of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 6. In the result, the petition is dismissed. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp10740