1 W.P. 4935/1997 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4935 OF 1997 Praja Jagruti Shikshan Sanstha .. PETITIONER VERSUS The State of Maharashtra & others ... RESPONDENTS Mr. A.N.Raut, Advocate holding for Mr. N.N.Shinde, Advocate for petitioner. Mr. S.N.Kendre , Assistant Govt. Pleader for State. .......................................... CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE : 12/07/2010 ORAL ORDER : 1. Vide the present petition, the petitioner impugns the decision of the respondent in refusing permission to open and run the secondary school at Ranjan Khol, Tq. Shrirampur, Dist. Ahmednagar. 2. It is the case of the petitioner that it has got all the necessary infrastructure and is running a Primary School since 2 W.P. 4935/1997 1952-53 and thereafter has applied for the permission to run the Secondary School for the academic year 1997-98. According to the petitioner, the said permission has been erroneously rejected. 3. The respondent has filed affidavit in reply. The sole ground agitated by the respondent for refusing the permission is that there is already a school in existence at the distance of 2.40 Km. And on this count the Dy. Director of Education did not recommend the case favourably. 4. This Court vide Order dated 16/9/1998 had admitted the petition and granted interim relief, by virtue of which the petitioner was allowed to run the school and the students of 10th standard of the petitioner’s school were allowed to appear from Saint Teresa Girls High School and the said school is still operated. 5. The policy that there should not be any other school within the radius of 5 Km., is no longer in vogue. In view of the fact that the petitioner is running secondary school pursuant to the interim order of this Court since 1997-98 and also considering the fact that the ground on which the application was rejected is no longer in vogue, we direct the respondent to reconsider the application of the petitioner for permission to run the secondary 3 W.P. 4935/1997 school on its own merits within the period of 3 months from today and till then no coercive steps be taken against the petitioner. 6. Rule is made absolute on above terms with no order as to costs. [ S.V. GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 4935.1997