(1.) The petitioner-Trust was granted recognition for running secondary school at village Kanjeta in 1974. It was granted recognition for higher secondary school in 1988/87 for Standard XI and XII. In Dhanpur Taluka there was no Higher Secondary School having Science Stream and the policy of the State Government is to have one higher secondary school having Science Stream.
(2.) An advertisement was published in the local newspaper "Sandesh" on 13.11.2000 by the respondent No.2, inviting applications from different trusts for granting recognition to Standard XI Science Stream in their schools. As per the policy laid down by the State Government if there is no school in a radius of 10 kms., then application made by such trust would be accepted for grantable school. In pursuance of the advertisement dated 13.11.000 (Annexure-A) the petitioner trust applied for starting Standard XI (Science Stream) on 16.11.2000 (Annexure-B). The said application was considered by the Committee and the said Committee made the recommendation in favour of the petitioner-Trust for granting recognition for Standard IX Science Stream to the respondent No.1. When this petition was filed the decision of the respondent No.1 was awaited.
(3.) It is the case of the petitioner that respondent No.3-Pipero Vibhag Yuva Shakti Pragati Mandal also applied for recognition for running Standard IX Higher Secondary Science Stream. Neither District Education Officer nor Committee made their recommendation in favour respondent No.3. In fact, respondent No.2 by order dated 13.9.2001 dismissed the application of the respondent No.3 for granting recognition for Science Stream from June, 2001. Against the said impugned order passed by respondent No.2 the respondent No.3 preferred appeal before the respondent No.1, which was also dismissed by the State Government by order dated 5/15-11-2002 (Annexure-C).