VIDHYA VIKAS SHIKSHAN PRASARAK MANDAL Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, EDUCATION DEPARTMENT

JUDGEMENT

(1.) The petitioner is objecting to the order dt. 25.05.2017 passed by Education Officer (Primary), Zilla Parishad, Osmanabad, permitting the school operated by the Zilla Parishad at village Sanja, Tq. & Dist. Osmanabad, to operate 8th std. classes from the academic year 201718. The petitionerInstitution is running Shriman Dagdoba Shingare Secondary School at said village and has been permitted to impart education for 8th to 10th std. classes. The permission has been accorded since 2009 onwards. The petitioner submits that, the distance between the school operated by Zilla Parishad and the school conducted by the petitioner is approximately 1600 mtrs. There was a previous attempt on the part of the Local Authority i.e. Zilla Parishad to start 8th std. Classes, which was objected by the petitioner in the year 2014 and considering the objection raised by the petitioner, the local authority did not take any decision and did not start 8th std. class.

(2.) The petitioner submits that, the decision has been taken by Zilla Parishad behind its back without extending the petitioner an opportunity of hearing to start 8th std. Classes, which is likely to adversely affect the interest of the petitioner. It is contended that the permission accorded to the Zilla Parishad is not in accordance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter shall be referred to as "Act of 2009"), and as such, it would be impermissible for the Zilla Parishad to start 8th std. classes. The petitioner also placed reliance on the Government Resolution dt. 02nd July, 2013, which provides for distance restrictions for operating an another school in the event of establishment of any other school by private management.

(3.) Certain provisions of the Act of 2009 and the rules framed by the State Government need to be taken into consideration for deciding the issue raised in the instant petition. 'Appropriate Government' is defined in Section 2(a) of the Act of 2009 as under: