1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 2378 of 2011 Vilas S/o Ramchandra Dange vs. State of Maharashtra through Secretary, Education Department and seven others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. J. M. Shamkuwar, Advocate for the Petitioner Mr. M. V. Mohokar, Advocate for the Respondent No.4 to 6 Mr. Anand Parchure, Advocate for the Respondent Nos. 7 & 8. CORAM : B. P. DHARMADHIKARI & P. D. KODE, JJ. DATED : NOVEMBER 15, 2011. Vide communication dated 11th August, 2010, the State Government has permitted respondents No. 7 & 8 to continue with their classes of 1st standard to 4th standard at Peth Mohalla, Tilak Ward, Neri. Shri. Shamkuwar, Advocate for petitioner contends that said communication is not issued by State Government but it is issued by the Desk Officer. He further contends that existing Zilla Parishad School is situated at a distance of about 30 ft. from said school of respondents No. 7 & 8. Accordingly to communication dated 11th August, 2010, cannot be viewed as order at all. Learned A.G.P. for respondent Nos. 1 to 3 and Mr. Mohokar, Advocate for respondents No. 4 to 6 are opposing the petition. Mr. Parchure, Advocate for Respondents No. 7 & 8 states, that the State Government has in reply affidavit pointed out that the grant of postdated sanction to run the said school. He further pointed out that the communication dated 11th August, 2 2010 has not been assailed as that is not an order of State Government. According to him, present petitioner has no locus to maintain present petition. After hearing the respective counsel, we find no averment in petition that the communication dated 11th August, 2010 is not issued by State Government and it is an act on the part of its Sub-ordinate Officer namely Desk Officer. It's perusal also shows that the school of respondents No. 7 & 8 is continuing at Peth Mohalla, Tilak Ward, Neri since 1972-73. Thus, the petitioner has raised challenge to that school after almost 38 years. He has not pleaded any specific prejudice. The decrease in number of students in Zilla Parishad school is not made bone of contention by Zilla Parishad. Zilla Parishad has not passed any resolution against the respondents No. 7 & 8. In this situation, though order dated 11th August, 2010 grants ex-post facto sanction as school is going on since 1972-73, we are not inclined to interfere in this petition. Writ Petition is rejected. JUDGE JUDGE Punde