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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

943 WRIT PETITION NO.5182 OF 2020

WITH CA/5339/2020 IN WP/5182/2020

SAHEBRAO VENKATRAO PUYAD ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS

…
Mr. Dhananjay M. Shinde, Advocate for the
Petitioner.
Mr. A. A. Jagatkar, AGP for Respondents-State.
Mr. S. B. Pulkundwar, Advocate for Respondent Nos.4
to 7.
Mr. Anil M. Gaikwad, Advocate for Applicant in
CA/5339/2020.
…

CORAM : S. V. GANGAPURWALA &

SHRIKANT D. KULKARNI, JJ.

DATED : 30th SEPTEMBER, 2020.

PER COURT:-

1. The petitioner challenges the stay granted

to the permission for starting 8th standard of
Zilla Parishad School, Nanded.

2. Mr. Shinde, learned counsel for the

petitioner submits that on 19.06.2019 permission
was granted to start 8th standard for the school
run by Zilla Parishad, Nanded. The same was acted
upon. However, on 02.01.2020, the Chief Executive
Officer, Zilla Parishad, Nanded stayed the
permission on the ground that within the periphery
of three kilometers another school exists having

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8th standard. The learned counsel submits that

reliance was placed on Government Resolution dated
19.09.2019. The same would not be applicable, as
the permission was granted prior to Government
Resolution dated 19.09.2019. The learned counsel
submits that permission was granted pursuant to the
Government Resolution dated 28.08.2015. The
schools run by Local Self Government were
authorized to start 8th standard on the
availability of the students. The students are
available with the school run by the Zilla
Parishad, Nanded. The Chief Executive Officer,
Zilla Parishad, Nanded ought not to have stayed the
order of grant of permission on the basis of a
subsequent Government Resolution.

3. Mr. Gaikwad, learned counsel for

intervenor submits that the school run by the
intervenor is situated at a distance of one
kilometer. The strength of students with the
intervenor school is affected as would be seen by
the reduction of the students because of 8th
standard with the Zilla Parishad school. The
learned counsel submits that the permission granted
to start 8th standard to the Zilla Parishad School,
Nanded is defective. The Education Officer does
not have an authority to grant permission to start
8th standard. The permission is also conditional
that is subject to ratification of the Chief
Executive Officer, Zilla Parishad, Nanded and also
subject to condition that no other school is

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imparting education to 8th standard within the

periphery of three kilometers. The intervenor
school is at a distance of one kilometer. In view
of that, permission could not have been granted.
The same is rightly stayed by the Chief Executive
Officer, Zilla Parishad, Nanded.

4. The learned counsel for Zilla Parishad,

Nanded could not take a firm stand.

5. The permission is granted by the Education

Officer for start of 8th standard with the school
run by the Local Self Government i.e. Zilla
Parishad, Nanded on 19.06.2019. The said
permission certainly could not have been stayed in
light of the Government Resolution dated
19.09.2019. The Government Resolution dated
19.09.2019 is relied while staying the permission
granted to run 8th standard by the school of Local
Self Government.

6. The Chief Executive Officer, Zilla

Parishad, Nanded was required to consider all the
pros and cons and the policy prevalent as on the
date the permission was granted to run 8 th
standard. Of course, it can consider the attending
circumstances also.

7. The Chief Executive Officer, Zilla

Parishad, Nanded has only stayed the order of
permission. He has not canceled the order of

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permission. The Chief Executive Officer, Zilla

Parishad, Nanded was expected to take decision on
the said aspect.

8. We direct the Chief Executive Officer,

Zilla Parishad, Nanded to take decision upon the
permission granted to the school run by Zilla
Parishad, Nanded for start of 8 th standard within a
period of one month from today. He shall consider
the policy prevalent as on the date of the
permission and shall also consider the provisions
of Right to Education Act, wherein standard 1st to
8th is a part of primary education. The parties if
they so desire may represent themselves before the
Chief Executive Officer, Zilla Parishad, Nanded.

9. Writ Petition is disposed of. No costs.

10. In view of disposal of the present writ

petitioner, the Civil Application No.5339/2020 is
also stands disposed of.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA)

JUDGE JUDGE

Devendra/September-2020

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