1 25-wp 10068-2017.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10068 OF 2017 Shree Swami Samarth Shikshan Prasarak And Samajit Vikas Mandal, Through Its President Namdeo Sahebrao Garad And Others .. Petitioners Versus The State Of Maharashtra And Others .. Respondents Mr. Narayan B. Narwade, Advocate for Petitioners. Ms. Kalpalata Patil-Bharaswadkar, Addl.G.P0 for Respondent Nos. 1 & 2. Mr. S. T. Shelke, Advocate for Respondent No. 4. CORAM : KISHORE C. SANT AND SUSHIL M. GHODESWAR, JJ. DATE : 28th APRIL, 2026. PER COURT :- 1. Heard learned advocate for the petitioners, learned A.G.P. for State and learned advocate for respondent No. 4. 2. The petitioner has approached this Court challenging the communication dated 14.06.2017 wherein, the Education Officer has granted permission to open 8th standard class in the school in village Jeur Haibati, Taluka Newasa, Dist. Ahmednagar. This permission is granted to the Zilla Parishad. The petitioner happens to be an education institution which also runs a school in 2026:BHC-AUG:19427-DB 2 25-wp 10068-2017.odt the same village till 8th standard. It is the case of the petitioners that if the Zilla Parishad is also granted permission to open 8th standard class in the school, it would be against the policy of the Government. The distance between both these schools is hardly within 500 mtrs. This school create unhealthy competition and would affect both the schools. 3. The learned advocate Mr. Narwade for the petitioners vehemently argued that, in view of policy of the Government vide Government Resolution dated 02.07.2013 no other school shall be permitted to open 8th standard class if there is already another school running 8th standard class. It is only when there is another school within 3 Kms. radius. No such permission be granted. He thus submits that, even the distance criteria is not followed. He thus submits that, the said communication deserves to be quashed and set aside. 4. The learned advocate Mr. Shelke appearing for Zilla Parishad vehemently argued that, the Zilla Parishad is established with various objects. One of the objects is to provide education to the rural people. He has given the figure of students in the schools. He submits that presently there are 40 students of 8th 3 25-wp 10068-2017.odt standard taking education in the school in current academic year whereas, 26 students are taking education in 8th standard of the Zilla Parishad school. He thus submits that, there is sufficient number of students available for both the schools. It would be creating healthy competition and giving choice to the people in the village. There is no policy of not to grant permission to another school in the same village if sufficient number of students are available. He thus prays for dismissal of writ petition. 5. The learned A.G.P. also submits that, the Government’s policy is not to the effect that no another school be permitted in the village where already a school is in existence. She points out the judgment of this Court in Writ Petition No. 4200/2017 in the case of Antar Bharati Shikshan Sanstha, Biloli through its President Vs. State of Maharashtra and others. Paragraph No. 14 of the said judgment reads as under : “14. We are unable to accept the submissions of Mr. Panpatte, learned counsel appearing for the petitioner for one more reasons. The petitioner is seeking closure of 5th to 8th std classes being run by the Zilla Parishad in the said village Arjapur. If such closure is permitted, it would lead to monopoly of the petitioner institute for running 5th to 8th classes. The creation of monopoly by one institute certainly cannot be an object under the Right to Education Act.” 4 25-wp 10068-2017.odt 6. This Court, considering overall situation and considering the judgment in Writ Petition No. 4200/2017 finds that, there is no merit in the present writ petition. Therefore, the writ petition stands dismissed. No order as to costs. ( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J. ) P.S.B.