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1991 Supreme(Bom) 438

E.S.DA SILVA, K.SUKUMARAN
Vidyaprasarak Samaj and another – Appellant
Versus
State of Goa and others – Respondent


JUDGMENT - K. SUKUMARAN, J.:---This writ petition challenges the order dated 4-6-1990 (Exhibit `B') passed by the second respondent Director of Education permitting the fourth respondent to open a new Standard VIII Class from 1990 onwards. Incidental reliefs also have been sought for. On 14-6-1990 rule was issued, with a direction for expendition. Ultimately it came up for final arguments on 22-8-1991. In the light of the arguments advanced at the Bar, we had our reservations about the supportive materials justifying the impunged order. A further affidavit was directed, by our order dated 22-8-1991, to assist the Court to advert to and evaluate the materials so called for. The affidavit has accordingly been filed. The petitioners filed a rejoinder. Arguments were continued on 9-9-1991.

2. It is unnecessary to refer to the details of the contentions in view of the course we propose to adopt. We may, however, indicate even for that purpose, an earlier order (Exhibit `A') dated 9-7-1986 passed by the Director, which declined the request for opening a new school as made by the very same fourth respondent herein. The first paragraph can be usefully extracted:---

"With reference to the abo









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