1 WP No.3349/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3349 of 2010 Rashtriya Ram Sewak Seva Samiti ... Petitioner versus The State of Maharashtra & ors. ... Respondents ... Mr. Anilkumar Patil for the petitioner. Mr. V.S.Gokhale AGP for respondent nos.1 to 4. Mr.K.A. Bhatia for respondent no.5. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 18th October 2010 P.C. 1. The petitioner challenges the order by which respondent no. 8 has been granted permission to run a school. Petitioner runs a rival school. Now the Supreme Court has held that establishing a secondary school is a fundamental right guaranteed by Article 19(1)(g) of the Constitution. The Supreme Court has also held that restriction can be placed on this right guaranteed by the 2 WP No.3349/10 Constitution by law, properly enacted by a competent legislature. In our opinion, in this scenario, in any case from a rival institution, a petition challenging permission given to another institution cannot be entertained. Petition rejected. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)