1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.3600/2010 ( Swargiya Laxmanrao Zurmure Memorial Society .vs. State of Mah. And others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Anand Parchure Advocate for Petitioner. Mr. A.S. Fulzele, AGP for Respondents CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JUNE 28, 2011 Heard. Request made by the petitioner to start a school at Bhandara as a substitute/alternate school in place of the de-recognized school i.e. Vasant Vidyalaya and Junior College, Civil Lines, Bhandara, has been rejected on 7.12.2010 on the ground that said school was closed down about 15 years back and in the vicinity three schools have been functioning. During the pendency of the petition and on 31.1.2011 the petitioner has pointed out that out of these three schools in the vicinity, Naresh Vidyalaya, Takli has been transferred to mouza Korambi (Devi). It is further stated that secondary school namely Gagan Vidyalaya, Ganeshpur has been transferred to mouza Khadki, tahsil Mowadi, district Bhandara. In this background Advocate Shri Parchure contends that only one school is functioning in the 2 vicinity. At Bhandara, as per the master plan the need for school was felt and, therefore, Vasant Vidyalaya and Junior College, Bhandara came into existence. That need still exists and the non-mention of that need in the master plan is because of the grant of permission to the school which has been lateron de-recognized. The transfer of School at Korambi (Devi) from Takli or then school at Ganeshpur to mouza Khadki is not disputed at least before us. In this view of the matter, it appears that only one school is functioning in vicinity of de-recognized school. Hence we find it appropriate to permit petitioner to move respondent no.1- State Government again for seeking such leave to start substitute school. It is made clear that in view of the subsequent developments noted above, the rejection on 7.12.2010 shall not come in the way of the State Government or petitioner while considering such request. If any such request is made within a period of four weeks from today, the same shall be processed and considered as early as possible and in any case within further period of three months thereafter. With this direction, the petition is disposed of. No costs. JUDGE JUDGE halwai