B.S. Chauhan, J. - (1.) This writ petition has been filed for enforcing the Government Orders dated 12.8.1981, 4.12.1984 and 18.3.1985, which place a restriction in opening a new school within 5 Kms. Area of another established and recognised school. The present petitioner claims to be the Manager of the school, which stood established long back in district Kaushambi and has been recognised. The present petition has been filed for restraining the respondent authorities from establishing any other school within 5 Kms. area, and for that purpose, an order dated 23rd April, 2004 has been passed by the respondent no. 5, namely, the District Basic Education Officer, Kaushambi restraining the other persons from raising the construction of school on the representation made by. the petitioner. However as the said order is not being complied with, this petition has been filed.
(2.) Sri D.P. Mishra, learned counsel for the petitioner has submitted that as there is a school established by the petitioner and it is recognised by the respondents, it is not permissible for the State Authorities to open a new school in the close vicinity or within 5 Kms, of the school in view of the said Government Orders, and therefore, this Court should issue a direction to the respondents not to construct a new school which fall within the ambit of the said Government Orders.
(3.) Admittedly, the petitioner runs a private school and is charging fee according to his own norms, and there is no case of the petitioner that he is imparting the education free to the children of that locality between the age of 6 to 14 years.;