wp914.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 914 OF 2009 _________________________________________________________________________________ Office Notes, Office | Court's or Judge's Orders Memoranda of Coram, | appearances, Court's | Coram : Smt. Nishita Mhatre & orders or | Shri M.T. Joshi, JJ. directions and | Date : 7th June, 2011 Registrar's orders | _________________________________________________________________________________ Shri S.S. Deshmukh holding for Shri N.S. Kadam, Advocate for petitioners Shri K.G. Patil, A.G.P. for respondent Nos. 1 to 3. ..... 1. The Petition has been filed by a Trust which runs an education institution. It has sought permission to run a higher secondary school within the vicinity of Bhoom town. It appears that the proposal submitted by the petitioner was rejected on the ground that there is a School situated in the locality and therefore, a new School could not be started in the same vicinity. 2. The Full Bench of this Court in the case of Shikshan Prasarak Mandal V/s State of Maharashtra and others reported in 2009(6) Bom.C.R. 1 has observed with respect to secondary schools that there can be no bar to run two schools in close proximity. It has held that condition of not permitting new schools within the radius of 5 Km. of an existing school can not be a principle to be accepted without exception. 3. By our order dated 25th April, 2011, we had directed the learned Assistant Government Pleader to ascertain whether the Government will reconsider the impugned order in view of the aforesaid judgment in the case of Shikshan Prasarak Mandal V/s State of wp914.09 Maharashtra". 4. The learned Assistant Government Pleader today states that the Government will reconsider its decision in the light of the Full Bench judgment in the aforesaid case. That decision shall be taken within 12 weeks from today. Writ Petition is disposed of accordingly. ( M. T. JOSHI, J. ) (NISHITA MHATRE, J) ga s/wp914.09