ALHUDA MULTIPURPOSE EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally with the consent of Shri. Nemade, learned counsel for the petitioner, Shri. Sambre, learned Government Pleader for respondents No. 1 to 6 and Shri. Dubey, learned counsel for respondent No.7.

(2.) Shri. Nemade, learned counsel contends that rejection of permission to open a Secondary School in Urdu Medium submitted for the year 2008-09 on 04.03.2010 is questioned in this petition. He contends that proposal was recommended by District Level Committee and the said recommendation was maintained by Respondent No.7 during reverification. The rejection by Respondent No. 1 on the ground that information about other Middle Schools in radius of 3 kms. was not furnished is perverse and erroneous. Attention is invited to application as submitted, particularly information given against columns No.8 & 11 to demonstrate that there was no Middle or Secondary School functioning in the radius of 5 kms. and nearest School is at Akot, which is at about 9 kms. away. Attention is also invited to a chart accompanying it (as alleged). The said application is at page 40 of writ petition to point out that three Primary Schools in vicinity of 3 kms. were specifically pointed out. The learned counsel contends that as rejection itself is arbitrary and erroneous, the permission needs to be granted and the fact that Academic year 2008-09 is already over, cannot operate as bar in such situation. He is relying upon the Division Bench order dated 23.02.2010 passed in Writ Petition No.215 of 2010 at Aurangabad Bench for said purpose.

(3.) Shri. Dubey, learned counsel for respondent No.7 states that Respondent No.7 has, when matter came to him for verification, after due re-verification, re-commended the proposal of the petitioner. He invites attention to said re-commendation dated 27.08.2009.