JUDGMENT - Patel, J.

(1) These three civil applications arise out of action of the State Government under the Grant-in-aid Code for Secondary Schools.

Civil Application No. 420 of 1966.

(2) Petition No. 1 is s Society registered under the Societies Registration Act of 1860 at Anjansinghi, Taluka Chandur, District Amravati, and petitioner No. 2 is its President. The Society made an application for permission to open a Secondary School, and it was proposed to start in the first year 9th class, as there was sufficient arrangement in the village for education up to standard VII in the Zilla Parishad schools. First such application was made in 1963, which was rejected by respondents 1 and 2, Second was made in 1964 which met a similar fate. The Society made another application on October 30, 1965. It appears that respondent No. 3, which is another educational Society which operated in Ashok Nagar, about 6 miles away from this village, also applied for permission to open a Secondary School t this village and in the first year to class IX. The Deputy Director of Education, Nagpur, by order (Annexure 3) dated April 12, 1966 informed the petitioners that their request cannot be granted because

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