1 903wp4867.2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO. 4867 OF 2023 (Pandit Dindayal Bahuddeshiya Shikshan Prasarak Mandal, Deulgaon Raja and anr Vs. The State of Maharashtra and ors) __________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders __________________________________________________________________________________________ Mr. P.B. Patil, Advocate for petitioners. Ms. Kalyani P. Marpakwar, AGP for respondent nos. 1 to 4/State. CORAM : ANIL S. KILOR & RAJNISH R. VYAS,JJ. DATE : 21/08/2026 Heard learned counsel for the petitioners. 2. This is the third round of litigation. The first round when the proposal of the petitioners for opening 5th to 7th standard school was not decided for long period, a Writ Petition No. 72/2015, seeking direction to take decision on said proposal was filed. In the said petition, on 12.1.2015, this Court has directed the authorities to decide the applications/proposals of the petitioners. 3. Thereafter, on 2.1.2017, such permission was granted to open 6th standard from the academic year 2016-17 and 7th standard from 2017-18. 4. The permission for 5th standard was not granted for the reason that after coming into force the Right to Education Act, 2009, standard 1st to 5th are considered as primary school whereas 6th to 8 as higher primary school. Belkhede 2026:BHC-NAG:11456-DB 2 903wp4867.2023.doc 5. The said permission for 6th to 8th standards was granted to the petitioners on ‘Self Finance Basis’, whereas, the earlier permission for 8th to 10th standards granted in the year 2006 was on ‘No Grants Basis’. 6. The petitioners, therefore, applied for converting it from Self Finance Basis to No Grants Basis. However, again this time, the authorities remained silent and did not act upon such request and take decision which gave cause to the petitioners to file Writ Petition No. 5407/2019. 7. In the said Writ Petition, this Court vide order dated 6.1.2023 directed the authorities to take decision on the representation of the petitioners. 8. Thereupon, on 19.1.2023, the Desk Officer, State of Maharashtra issued order and thereby turned down the request of the petitioners. 9. Since, the reasons stated in the said rejection were misconceived and contrary to the record, the petitioners immediately made representation on 15.2.2023 pointing out such discrepancies. 10. After 15.2.2023, there is no decision by the respondents authorities and hence, this petition came to be filed on 5.6.2023. 11. Having gone through the record, it is evident that in the applications submitted by the petitioners for starting school for 5th to 7th standards, nowhere stated that such permission was sought on the basis of natural growth. The application states that in the academic year 2006-07, the permission for 8th standard was granted and subsequently, with natural growth, standard 8th, 9th and 10 were Belkhede 3 903wp4867.2023.doc started and since the petitioners were desirous of staring school for 5th to 7th standards, the permission may be granted. 12. Nowhere there is mention regarding grant of such permission on the basis of natural growth. It is therefore, important to note that in the order dated 19.1.2023, it is the case of the respondent/State that since the permission to start 5th to 7th standards was asked for on the ground of natural growth and as there was a school in existence from 8th to 10th standards, such permission to natural growth for 5th to 7th cannot be granted. 13. In fact, such reason is contrary to record as there was never any request to grant permission to run the school for 5th to 7th standards on the ground of natural growth. 14. Another reason as recorded in the order dated 19.1.2023 is that the proposal of the petitioners was received after coming into force the Maharashtra Self-Finance Schools (Establishment and Regulation)Act, 2012. 15. This reason is also contrary to the record. It was pointed out by petitioners vide letter dated 15.2.2023, that the proposal of the petitioners to start 5th to 7th standards was received by the Government with the recommendations of Deputy Director of Education on 3.5.2011 and not on 20.6.2016 after the Act of 2012. 16. The record shows that State Government received the proposal with recommendations on 3.5.2011. It was received much prior to coming into force the Act of 2012. 17. It is further pertinent to note that respondent no. 3 – Deputy Director of Education in his reply on affidavit confirms the fact of Belkhede 4 903wp4867.2023.doc submission of proposal of the petitioners to the Government vide letter dated 3.5.2011. 18. In the circumstances, we are of the opinion that reconsideration of the request of the petitioners for grant of permission to convert the permission granted to start 6th and 7th standard to “No Grants Basis” from “Self Finance Basis” is necessary. 19. Accordingly, the respondent no. 1 shall consider the request of the petitioner’s Society by taking into consideration the above referred observations made in this order as well as Sections 3 and 9 of the Act of 2012. 20. The respondent no.1 shall take decision after hearing the petitioners, within a period of three months, from the date of appearance of the petitioners. The petitioners shall appear before respondent no.1 on 7.9.2026, at 11.00 a.m. 21. The petition is disposed of in the above terms. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PS To Honourable Judge Date: 01/09/2026 17:16:14