1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3765 OF 2009 (Lal Bahadur Shastri Vidyalaya and others .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.A. Naik, Advocate for the petitioners. Shri A.S. Fulzele, AGP for the respondent Nos.1 to 3. Shri P.B. Patil, Advocate for the respondent No.4. CORAM : D.B. BHOSALE AND PRASANNA B. VARALE, JJ. 06TH JULY, 2010. Heard learned Counsel for the parties. By this writ petition, the petitioners have impugned the permission dated 22.09.2008 granted in favour of respondent No.5 to shift their school at Shindi to village Savkhed Nagre. The challenge in this petition is solely on the ground that the master plan/perspective plan does not contemplate a school at village Savkhed Nagre and hence the permission to shift the school to village Savkhed Nagre is illegal. The question raised is no more res integra and is settled by the Division Bench of this Court in Asha Seva Bhavi Sanstha, Solapur .v. State of Maharashtra and others (reported in 2010(3) All MR 536). This Court has taken a view that the pre- existence of perspective plan/master plan or inclusion of the location in the perspective plan or the School Development Plan, as the case may be, for considering the proposal for recognition of the private unaided schools – on permanent no grant-in-aid basis or not receiving any other aid from the government whatsoever, cannot be a condition precedent for starting a new school or shifting the school to such a place which is not included in the perspective plan. In the circumstances, we find no merit in the writ petition. Hence, the petition is dismissed. JUDGE JUDGE