Balakrishnan, J. - (1.) The appellant-Society has been running a school by name Keshav Smriti School at Alto-Dabolim Vasco Da Gama, Goa since the year 1994-95. The school began as a middle school with Vth standard and gradually every year permission was sought to start VIth and VIIth standard and approval was granted by the authorities. On 15-11-96, the appellant-Society applied for opening VIIIth standard in the school from academic year 1997-98. The appellant-Society was informed that permission to open VIIIth standard had been rejected on the ground that there were other three higher secondary schools within a radius of 5 kms. from the appellant's school and as the opening of a new higher secondary school would adversely affect the neighbouring schools and there would be an unhealthy competition among the existing schools. The appellant was also informed by the impugned order that an action to start a new school within the radius of 5 kms. from the existing schools would lead to violation of Rule 31(3)(iii) of Goa, Daman and Diu School Education Rules, 1986 (hereinafter being referred as the "Rules"). The appellant-Society filed a Writ Petition No. 275/97 before the Panaji Bench of the Bombay High Court challenging the order of rejection dated 14-5-97. The said writ petition was later withdrawn by the appellant pursuant to a statement made by the counsel for the Government that fresh guidelines were being framed regarding the starting of new schools. In pursuance of a decision of the High Court, certain guidelines were framed. A survey was conducted to find out the educational needs of the localities and to identify the localities where the schools in different grades are required to be opened in the State of Goa. The appellant's case was examined and it was found that it was not desirous to allow the appellant-Society to start a new school and the Director, School Education passed an order on 26-11-97 and the appellant was informed that his request to open a new school in 1998-99 cannot be considered. The Order dated 26-11-97 was challenged by the appellant by filing Writ Petition No. 86/98 before the High Court of Bombay, Panaji. The said writ petition was dismissed. This appeal is directed against that decision.
(2.) We heard the appellant's counsel and also the counsel for the respondent. The contention of the appellant's counsel is that the Director of Education, Government of Goa has wrongly rejected the claim of the appellant. The main thrust of the argument of the appellant's counsel is that the Rule 31 of the Goa, Daman and Diu Education Rules, 1986 has no application. According to the appellant, the request of the appellant was to start VIIIth standard which should have been considered in the light of Rule 32 of the said Rules. The contention of the appellant's counsel is that the appellant-Society is having an existing school and starting of VIIIth standard in that school does not amount to creation of a new school but rather an addition of one more standard to the existing school.
(3.) In order to appreciate the contention advanced by the appellant's counsel, it is necessary to look into some of the relevant rules which are applicable to the starting of new school and opening of new classes. In the State of Goa, Daman and Diu, the schools are classified into five stages, namely, pre-primary stage, primary stage, middle stage, secondary stage and higher secondary stage. The primary stage consists of classes from 1st to IVth (both inclusive), the middle stage includes classes from Vth to VIIth (both inclusive), the secondary stage includes classes from VIIIth to Xth (both inclusive) and the higher secondary stage includes classes above Class Xth. The definition of the stages has been given in Rule 2 of the said Rules. While giving the definition of the secondary stage, the following definition which is given in Rule 2(1)(i) is as under:- "Secondary stage" means stage of school education having VIII-Xth Classes or V-X classes as the case may be; (both inclusive)." ;