1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO:452/2008 (Maulana Abul Kalam Azad Education society vs. Education Officer (Pri) Z.P.Amravati and others ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: D.D.SINH A & SMT. V.A .NAIK , JJ. DATED: 22nd February, 2008. *** Heard Mr. S. Raisuddin, learned counsel for petitioner and Mr. N.S.Khubalkar, learned AGP for Respondents 2 to 4. 2. In the instant petition, the petitioner-society is challenging the impugned communication dated 31.8.2007 issued by the Block Education Officer Panchayat Samiti, Daryapur to the President of the petitioner-society whereby it is informed that the Primary school started by the society is without any permission or authorization and, therefore, petitioner-society was directed to stop running of the said school. 3. Considered the contentions canvassed by respective counsel. It is not in dispute that the petitioner- 2 society has only permission to run Pre-Primary school and not Primary school. It appears that the proposal of the petitioner whereby petitioner sought permission to start Primary School, is pending with the Respondent No.5. However, according to the counsel for the petitioner, no decision has been taken by the respondent No.5 on this proposal and, therefore, appropriate direction in this regard be given. 4. In the normal course, if the petitioner would have applied to the Competent Authority for permission to start Primary school and waited for the said permission and, in such circumstances if the Competent Authority would not have taken a decision within reasonable time, we would have certainly directed the authority to take a decision. However since the petitioner had started the Primary School without obtaining permission from the Competent Authority, it is rather difficult for us to issue any such direction. However, it is open for the petitioner-society to apply afresh, according to law to the Competent Authority. With the above observation, Writ Petition is disposed of. JUDGE JUDGE sahare