UJWAL BAHUUDDESHIYA SHIKSHAN SANSTHA v. SHAMBHU SHIKSHAN SANSTHAN
2004-01-30
A.R.LAKSHMANAN, G.P.MATHUR, S.RAJENDRA BABU
body2004
DigiLaw.ai
ORDER 1. Leave granted. 2. The appellant before us had started a secondary school at Village Ghonshi, Taluka Jalkot, District Latur. A permission had been granted in favour of the appellant Society to open such school by the authorities concerned and the same had been challenged in the writ petition before the High Court. The High Court adverted to the affidavit filed on behalf of the Education Officer to the effect that the appellant has been unauthorisedly running the said school since 1994 till the time when permission carne to be granted in its favour. The High Court felt that such opening of the school is in breach of Rule 2.5 of the Secondary School Code and the District Committee also had recommended that such school should not be started there. By an order made by the High Court permission for running the school has been quashed. Hence this appeal. This Court by an order dated 9-5-2002 stayed the a order of the High Court. 3. Rule 2.5 is to the effect that no school can be started without permission of the authorities concerned. In the present case though the school did not have the permission initially the matter has been examined and permission has been granted now on the recommendation of the State Committee and, therefore, that factor should not come in the way of running b the school. The recommendation made by the State Committee was taken note of by the authorities concerned before granting such permission. The High Court was not justified in interfering with the permission granted. Hence, we set aside the order made by the High Court. The writ petition filed by the respondents herein before the High Court shall stand dismissed. The appeal is allowed accordingly.