SAKHARKHERDA EDUCATION SOCIETY SAKHARKHEDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three civil applications arise out of action of the State Government under the Grant-in-aid Code for Secondary Schools. Civil Application No. 420 of 1966.

(2.) PETITION No. 1 is s Society registered under the Societies Registration Act of 1860 at Anjansinghi, Taluka Chandur, District Amravati, and petitioner No. 2 is its President. The Society made an application for permission to open a Secondary School, and it was proposed to start in the first year 9th class, as there was sufficient arrangement in the village for education up to standard VII in the Zilla Parishad schools. First such application was made in 1963, which was rejected by respondents 1 and 2, Second was made in 1964 which met a similar fate. The Society made another application on October 30, 1965. It appears that respondent No. 3, which is another educational Society which operated in Ashok Nagar, about 6 miles away from this village, also applied for permission to open a Secondary School t this village and in the first year to class IX. The Deputy Director of Education, Nagpur, by order (Annexure 3) dated April 12, 1966 informed the petitioners that their request cannot be granted because the need of the place had been fulfilled by permitting another Society to open a school at the place. It also contained a threat that in a case school were started even when permission was not granted and pupils were admitted, serious view would be taken by the Department. Appeal made by the petitioners to the State Government was dismissed, as shown by Annexure 5. The petitioners seek to challenge this order on several grounds. Spl. Civil Appln. No. 421 of 1966.

(3.) PETITIONER No. 1 is a Society registered under the Societies Registration Act and started by the residents of village Shrikhed, Taluka Morshi, district Amaravati, Petitioner No. 2 is its President. As in the case of the first Society, this Society also applied to start the school. An application was made on November 8, 1965 as required by the Act, though the first application was made on October 29, 1965. Annexure No. 1, but it was not in the prescribed form. Respondent No. 3 which is another Society at Lenagon also made an application to start a school at Shrikhed which was an outside agency. The petitioner's application was rejected on the ground that the application was made after the prescribed date and that the Society was not registered. It also contained a similar threat as in the other case. Spl. Civil Application No. 694 of 1965.