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2021 Supreme(Bom) 167

SUNIL P.DESHMUKH, ABHAY AHUJA
Anjuman Tarakki-E-Talim, Kharda's Anglo Urdu High School, Jamkhekd – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anand P. Bhandari.
For the Respondents: A.D. Aghav, S.B. Yawalkar.

JUDGMENT :

ABHAY AHUJA, J.

1. By an order passed today, we have dismissed the writ petition for reasons to follow. We are accordingly setting out the reasons as under.

2. By this petition filed under Article 226 of the Constitution of India, the Petitioner trust is seeking directions to the respondents No. 1 to 5, to close VIIIth Class in the respondents’ No. 7 and 8 schools and to transfer the students to the Petitioner school on the ground that establishment of VIIIth standard by the Zilla Parishad School will result in unhealthy competition.

3. The petitioner is a registered educational trust imparting Urdu education and is running school by the name “Anglo Urdu School” Jamkhed, Taluka Jamkhed, District Ahmednagar and is also receiving grants-in-aid. The said school is imparting Urdu medium education to students pursuant to permission granted in the year 1987.

4. The Petitioner submits that for the last 30 years till the year 2017, the Petitioner and the Zilla Parishad schools including respondents No. 7 and 8 have existed without any dispute. However, from the year 2017, the Zilla Parishad school has allegedly started VIIIth class. The petitioner submits that, the Zilla Parishad sch

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