1 wp5844.08 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5844 OF 2008 Meghmalhar Vikas Sanstha, N-2, J-7/1, Cidco, Aurangabad. Through its President, Shri Lahuji Hanmantrao Shewale, Age : 43 years, Occ : Business, R/o N-2, J.7/1/Cidco, Aurangabad. ..PETITIONER -VERSUS- 1. The State of Maharashtra, Through Secretary, Social Welfare Department, Mantralaya, Mumbai (Copy to be served on Govt. Pleader, High Court Bench at Aurangabad). 2. The Divisional Social Welfare Officer, Aurangabad Division, Aurangabad. 3. Spl. District Social Welfare Officer, Aurangabad, District Aurangabad. RESPONDENTS ..... Shri K.D. Bade Patil, Advocate for petitioner. Shri S.K. Kadam, A.G.P. for respondent/State. ..... (CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 10th June, 2011. ORAL JUDGMENT (PER SMT. MHATRE, J.) 1. Rule. Rule made returnable forthwith, by consent. 2. The Petition seeks a writ of mandamus directing the 2 wp5844.08 Respondent-State to accept the proposal of the petitioner for opening a Junior College at village Khamgaon, Tq. Phulambri, District Aurangabad, pursuant to the Government Resolution dated 26th June, 2007. The petitioner is running a secondary ashram school in this village. Its proposal to run a school had initially been rejected by the Government. However, with the intervention of this Court in Writ Petition No. 3417 of 2000, the petitioner has been running the Secondary School. 3. By the Government Resolution dated 26th June, 2007, the Government called upon the Secondary ashram schools to apply for permission to run Junior Colleges attached to those secondary ashram schools. Accordingly, the petitioner applied for such permission. The Government has denied permission on the ground that the petitioner is not running the secondary ashram school with the aid from the Government, but on "permanent non-grant" basis. 4. An affidavit has been filed to explain the resolution dated 26th June, 2007. It is averred in the affidavit that the resolution is applicable only to those schools, which are included in the master plan of the State. It is further averred that since the petitioner's school does not fall within the said master plan, it is not entitled to start the junior college i.e. the 11th and 12th standards with aid from the Government. It is further averred that such aid for the 11th and 12th standards would only be available to those ashram schools, which are receiving aid from the Government for the secondary section. 5. We have perused the Government Resolution dated 26th June, 2007. In our opinion, the State, unfortunately, has not interpreted its own resolution correctly. We have read both, the 3 wp5844.08 original in Marathi, as well as the English translation, and we do not find that there is any bar against secondary schools being run without aid from applying for permission to run Junior Colleges with aid from the Government. The contention of the learned A.G.P. that it is only those schools, which are drawing aid for the secondary section, would be entitled to apply for the permission for running a Junior College i.e. for 11th and 12th standards is untenable. The petitioner has sought permission on the basis of natural growth to attach the 11th and 12th standards to the secondary ashram schools. 6. In our opinion, therefore, the order passed by the State refusing permission on the ground that the petitioner is not drawing aid to run a secondary ashram school is unjust and must be set aside. The interpretation of the Government Resolution dated 26.06.2007, as contained in the affidavit filed on behalf of the respondent nos. 1 to 3, is incorrect 7. Accordingly, the impugned order dated 2nd August, 2007 is set aside. The State will reconsider the petitioner's proposal for starting a junior college, by attaching it to a secondary ashram school run by it in village Khamgaon, Tq. Phulambri, District Aurangabad, in accordance with law. The Petition is disposed of. Rule made absolute, accordingly. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) ga s/wp5844.08