MAHARASHTRA RAJYA SHIKSHAN SANSTHA MAHAMANDAL Vs. STATE OFMAHARASHTRA

JUDGEMENT

(1.) Heard Shri B.G.Kulkarni, learned counsel for the Petitioner, Shri A.B. Choudhari, learned Government Pleader for Respondent Nos. 1 and 2 and Shri V.R. Manohar, learned Senior Counsel for Respondent No.3.

(2.) Rule. Rule made returnable forthwith by consent of the parties.

(3.) Shri Kulkarni, learned counsel for the petitioner has contended that the petitioner is a registered association of managements of recognized schools in the State of Maharashtra. The power of granting permission to start new primary, secondary or higher secondary school is vested in the State of Maharashtrarespondent No.1 as per Secondary School Code. However, this Court by its judgment in the case of Gramvikas Shikshan Prasarak Mandal Vs. State of Maharashtra & others, reported in 2001(1) Mh.L.J. 776 issued mandatory directions to be followed by the State Government while granting permission to start new schools. It is contended that respondent No.3 vide impugned order dated 16.05.2006 granted permission to start 1495 new primary, secondary and higher secondary schools in the State of Maharashtra from academic session 2006-2007 in total breach of mandatory norms and therefore, the impugned order, is unsustainable in law and liable to be quashed and set aside.