JUDGMENT

Balakrishnan, J.-The appellant-Society has been running a school by name Keshav Smriti School at Alto-Dabolim, Vasco Da Gama, Gao 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 15-11-1996, 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 neighboring 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 B