RASHTRIYA SHIKSHAN SANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the Petitioners are challenging orders dtd. 9/10/2012 passed by Respondent No. 1 along with order dated 27 th February 2012 passed by Respondent No. 4 withdrawing recognition of Petitioner No. 2 to 4 schools purportedly under Clauses 7(1) to 7(4) of the Secondary School Code, Rule 109 (2) of the Bombay Primary Education Rules, 1949 and powers conferred by Government Resolutions ( "GRs ") dtd. 21/11/1995 and 19/12/1995.

(2.) Since the present petition is being disposed of on the limited ground of lack of exercise of power and breach of procedure prescribed, only those relevant facts for adjudication of the said issues are stated herein under.

(3.) In the year 1993, Petitioner No. 1 - Society was granted permission to start primary school initially on a no-grant basis. The recognition was granted to the school started by Petitioner No. 1 by GR dtd. 20/3/1995. Two schools were thereafter permitted by the Respondents - Authorities.