1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2319/2006 (Saraswati Shikshan Prasarak Mandal VERSUS Education Officer (Secondary) Z.P. & another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Dhore, counsel for the petitioner. Mr. Khubalkar, Assistant Government Pleader for the R-1 & 2. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : FEBRUARY 18, 2008. Heard. In the instant case, following facts are not in dispute; That, the petitioner has applied for opening of Secondary School in the Tribal Area for the academic session 2005-06, however, since respondents have not taken any steps one way or the other in this regard, the petitioner has approached this Court for necessary directions. That, pursuant to the notice issued to the respondent, the learned Assistant Government Pleader obtained instructions and filed an affidavit, wherein it is stated that the petitioner failed to annex certificate of Project Officer I.R.D.P., Pandharkawada certifying that village Jam, where the permission is sought for opening the school, falls within the tribal sub region. 2 We have considered the contentions canvassed by the respective counsel. Though the counsel for the petitioner claims that the place, where the permission is sought to open the school, is located in tribal area, however, the petitioner ought to have complied with the necessary requirements of submitting requisite documents in order to show that the place, where the permission is sought to open a secondary school, falls within the tribal area. Be that as it may. The application of the petitioner for grant of permission, in any case, was for academic session 2005-06 which is already over, and therefore, the cause of action in this petition does not survive. We dispose of the petition with liberty to the petitioner to approach the appropriate authorities by following necessary procedure applicable in this regard for seeking permission to open school in the tribal area for coming academic session, provided that the petitioner fulfills all the requirements in this regard stipulated in the norms/guidelines and procedure applicable in this regard. JUDGE JUDGE APTE