SHREE SWAMI SAMARTH SHIKSHAN PRASARAK AND SAMAJIT VIKAS MANDAL THU ITS PRESIDENT N S GARAD AND ORSversusTHE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-AUG:19427-DB


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                         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 8 th 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
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the same village till 8th standard. It is the case of the petitioners

that if the Zilla Parishad is also granted permission to open 8 th

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 8 th
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standard taking education in the school in current academic year

whereas, 26 students are taking education in 8 th 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.”
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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.