INDIRA PRAGATI SHIKSHAN SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard by consent of both the parties.

(2.) The challenge in the present writ petition is to the communication dated 27th of December, 2012 whereby the proposal of the petitioner Society for starting new Ashram School has been rejected.

(3.) It is the case of the petitioner that initially it was running an Ashram School at Rui, Tq. Bramhapuri, District Chandrapur. However, subsequently the recognition of said Ashram School was withdrawn by order dated 16th of February, 2009. The petitioner preferred appeal against said order of withdrawal of recognition. During pendency of the appeal, the said Ashram School was allotted to another institution. This action was challenged by the petitioner in Writ Petition No.3675 of 2009. By order dated 28th of June, 2010 the petitioner was permitted to withdraw the writ petition with liberty to apply for grant of permission to start another Ashram School. The authorities were directed to consider such application on its merits and in accordance with law. Pursuant thereto, the petitioner moved an application for starting a new Ashram School at Valani, Tq.Nagbhid, District Chandrapur. Thereafter, due inspection was carried out and the respondent no.4 recommended grant of permission to start Ashram School for Academic Session 201112. The respondent no.1, however, by the impugned communication refused to grant aforesaid permission by relying upon Rule 2.23 of the Ashram School Code. Said Rule 2.23 reads as under