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 the need of the place had been fulfilled by permitting another Society to open a school at the place. It also contained a threat that in a case school were started even when permission was not granted and pupils were admitted, serious view would be taken by the Department. Appeal made by the petitioners to the State Government was dismissed, as shown by Annexure 5. The petitioners seek to challenge this order on several grounds.

Spl. Civil Appln. No. 421 of 1966.

(3) Petitioner No. 1 is a Society registered under the Societies Registration Act and started by the residents of village Shrikhed, Taluka Morshi, district Amaravati, Petitioner No. 2 is its President. As in the case of the first Society, this Society also applied to start the school. An application was made on November 8, 1965 as required by the Act, though the first application was made on October 29, 1965. Annexure No. 1, but it was not in the prescribed form. Respondent No. 3 which is another Society at Lenagon also made an application to start a school at Shrikhed which was an outside agency. The petitioners application was rejected on the ground that the application was made after the prescribed date and that the Society was not registered. It also contained a similar threat as in the other case.

Spl. Civil Application No. 694 of 1965.

(4) This application is made by Sakharkherda Society, operating at Sakharkherda and is registered under the Societies Registration Act, 1860. The total number of the students of the school from standard V to standard X in 1954 appeared to be 435. The Zilla Parishad runs a middle school in this village and the students number approximately 150. After passing the middle school, examination, the boys join the petitioners school. An application was made be Mehkar Shri Shivaji Education Society to open another school at this village but he permission was refused. It appears, the President of this Society one S. V. Deshmukh, a Pleader, is a Member of the Legislature and on March, 9, 1965, he put certain questions in the Legislative Assembly. The question and answers are : (1) If it was the policy of the Government not to grant permission to open another High School, if in a village there is already a High School, and the answers, Yes, taking into account the population of the village and also of adjoining area". (2)If so, why was such permission granted to open High School at Lonar and why not at village Sakharkherda?

"Answer: In village Sakharkherda permission to open a new High School was refused in 1964-65; for Lonar, the permission was given by Madhya Pradesh Govt. in 1953."

The respondent No. 3, the Mekhar Society then made an application for opening a school at this village. The Government seems to have granted permission to that Society to open Standards VII

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