4.wp.2464-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2464 OF 2008 Khedoot Shikshan Mandal Kalkundri of Shri Saraswati Vidyalaya through its authorized representative. ..Petitioner. Versus The State of Maharashtra and 4 others. ..Respondents. .... Mr.P.S. Dani, Advocate i/b. Mr.V.S. Talkute, Advocate for the Petitioner. Prajakt M. Arjunwadkar, Advocate for respondent Nos.4 & 5. Mrs.J.S. Pawar, A.G.P., for respondent Nos.1 to 3. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 18TH NOVEMBER, 2009 P.C.:­ 1. By this Petition, the petitioner challenges the order passed in the year, 1997 by the State Government granting permission to respondent No.4 to open a secondary school at village Kalkundri, Taluka ­ Chandgad, District ­ Kolhapur. In the year 1996 a Petition was filed in this Court, which was Writ Petition No.4338/1996 where the petitioner had 4.wp.2464-08 2 made a grievance that respondent No.4 is running the school in the village without getting any permission from the Government. That Petition was disposed of by an order dated 5th October, 2000. In that order, the Court noted that there is infact permission granted by the State Government by order dated 18.10.1997 to start the school and, therefore, the Petition was disposed of. The petitioner was granted liberty to institute appropriate proceedings. But, the petitioner did not institute any appropriate proceedings to challenge the order dated 18.10.1997 till he filed this Petition in the year, 2008. 2. In our opinion, so far as the challenge to the order dated 18.10.1997 is concerned, the present Petition cannot be entertained because of laches. The petitioner also challenges the order passed in the year, 2007 by the State Government granting recognition to the school which is permitted to be opened in the year 1997. Submission is made that the recognition has been granted by the State Government in violation of the provisions of the School Code. In our opinion, as the State Government has granted permission for opening a school in the year, 1997, the State 4.wp.2464-08 3 Government will have to consider application for granting recognition, because declining recognition to a school which is permitted to be started in the year 1997 will have adverse effect on the school and the students as also the staff which is employed in the said school. In our opinion, it is not necessary to hold a detailed enquiry to find out whether all provisions of the Secondary School Code were followed in granting recognition to respondent No.5 School, at the instance of the petitioner which is running another school in the same village. It appears that the real reason behind filing this Petition is that the petitioner who is running a school in that village wants monopoly in that regard and does not like another school being opened. In our opinion, this is not a matter where this Court should exercise its extraordinary jurisdiction. Writ Petition is rejected. No order as to costs. (D.K.DESHMUKH,J) (K.K. TATED,J)