(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2045 OF 1998 Samaj Prabodhan Mandal, R/o. Varapgaon, Taluka : Kaij, District : Beed, through its President, Shri Annasaheb Bhagwanrao Khandare. .. Petitioner. versus 1. The State of Maharashtra. 2. The Secretary, School Education Department, Mantralaya, Mumbai - 32. 3. Deputy Director of Education, Aurangabad. 4. Education Officer (Secondary), Zilla Parishad, Beed. 5. Jeevan Shikshan Prasarak Mandal, Beed. .. Respondents. ....................... (2) Mr. Sachin Deshmukh, Advocate, holding for Mr. N.B. Khandare, Advocate, for the petitioner. Mr. V.D. Rakh, Assistant Government Pleader, for respondent nos.1 to 4. Mr. N.S. Patil, Advocate, holding for Mr. S.M. Godsay, Advocate, for respondent no.5. ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 13TH JULY 2010 ORAL JUDGMENT (Per S.V. Gangapurwala, J.) : 1. By the present petition, the petitioner prays to quash and set aside the permission granted in favour of respondent no. 5, to open 8th Standard class from the academic year 1997-98 at village Varapgaon (Taluka : Kaij, District : Beed), so also, further directions against respondent no.2, to grant permission to the petitioner, to open secondary school at village Varapgaon, as per proposal submitted by the petitioner. 2. It is the case of the petitioner, that it has submitted a proposal for opening secondary school, with the respondents, but the respondents have not taken into consideration the said (3) proposal. It is also case of the petitioner, that the respondents have illegally granted permission to respondent no.5, to open 8th Standard class from the academic year 1997-98. 3. The respondent no.5 is running the school since 1997-98. There are no complaints against respondent no.5 / school. As such, we are not inclined to consider the request of the petitioner, in respect of prayer clause "B". 4. However, it has been brought to our notice, that the respondent no.2 has not communicated any decision on the proposal of the petitioner to start a secondary school at village Varapgaon (Taluka : Kaij, District : Beed). 5. In the result, the petition is partly allowed. (i) We direct the respondent / State, to consider the proposal of the petitioner for opening a secondary school at village Varapgaon (Taluka : Kaij, District : Beed), afresh, and decide the same, in accordance with law, within a period of four months from today. (ii) The petition fails, in so far as challenge to prayer clause "B" i.e. permission granted in favour of respondent no.5 to open 8th Standard class, is concerned. (4) 6. Rule is made absolute on the above terms. However, there shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp2045