AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.232 OF 2005 Navmaharashtra Shikshan Mandal & Anr. ... Petitioners Vs. The President, Vithalrao Chavan Patil Shikshan Prasarak Sanstha & Ors. ... Respondents Mr. P.D. Dalvi for the petitioners. Mr. P.P. Kakade, A.G.P. for the State. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : FEBRUARY 07, 2008. P.C.:- 1. Petitioner 1 is the Education Society running and managing petitioner 2-School at Village Nittur, Taluka Chandgad, District Kolhapur. On 9/6/1969, petitioner 1 started running and managing petitioner 2-School at Village Nittur. Petitioner 2 is a High School running Standards V to X. In the same village, respondents 1 and AJN 2 2 are running Shardabai Vithalrao Chavan Patil Girls High School (for short, “the said school”). 2. On 28/11/2003, the Government of Maharashtra issued a Resolution for granting permission to convert the Girls High Schools into Co-education School. The petitioners learnt that respondent 1 was trying to convert its Girls High School into Co- education School. On 2/4/2004, the petitioners made a representation to the Government as well as Education Officer, Zilla Parishad, Kolhapur and also to the Deputy Director for Education and requested them that permission should not be granted to respondents 1 and 2 to convert their Girls High Schools into Co-education Schools because that will have adverse impact on the petitioners' school. The grievance of the petitioners in this petition is that without giving any opportunity of hearing, the Government passed an order on 13/8/2004 allowing conversion of the said school into Co-education School. The said order granting permission to the said school into Co-education School is under challenge in this petition. 3. We have heard learned counsel appearing for the petitioners AJN 3 and learned A.G.P. appearing for the State. We have gone through the affidavit of Mr. Ajitkumar Rajaram Potdar, Deputy Education Officer, Kolhapur. 4. On this petition, Rule was issued on 14/3/2005. However, no interim relief was granted. We are informed that as of today, the school run by the petitioners and the said school are functioning effectively in Taluka Chandgad, District Kolhapur. We have been taken through GR dated 20/11/2003. It is stated in this GR that because of rise in the number of aided and unaided secondary schools, sufficient number of students are not available in girls schools. It further refers to judgment of this court in Writ Petition No.1773 of 2000 which states that boys and girls should get opportunity to study together so that their personalities can develop in a better manner and there should be no feeling of sex discrimination amongst students at the school education level. It is stated that in view of this, Government of Maharashtra has given a direction that schools should be converted into co-education schools on fulfillment of certain conditions. Thus, Government of Maharashtra has taken a policy decision and the permission to AJN 4 convert the said school into co-education school is granted on the basis of this GR. 5. In the affidavit in reply filed by Shri Ajitkumar Potdar, Deputy Education Officer, Kolhapur, it is stated that the impugned order dated 13/8/2004 was passed in view of the Government's policy reflected in GR dated 28/11/2003. It is stated that this GR was stayed in Writ Petition No.7746 of 2004. Learned counsel for the petitioners states that the said petition has since been disposed of. 6. It is well settled that in policy decisions unless extraordinary circumstances are made out, the Courts should not interfere. We find no reason to interfere with the policy decision of the Government. Hence, the petition is rejected. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]