Judgment

VAIDIALINGAM, J. :- All these three appeals, on certificate, are directed against the common judgment and order dated December 2, 1966 of the Bombay High Court in Special. Civil Applications Nos. 694 of 1965 and 420 and 421 of 1966. Civil Appeals Nos. 160 of 161 of 1968 are filed by the State of Maharashtra and the Deputy Director of Education, Nagpur against that part of the order of the High Court allowing Special Civil Applications Nos. 420 and 421 of 1966 after holding that clauses (1) and (2) of Section 3 of the Grant-in-aid Code (hereinafter to be referred as the Code) are invalid and directing the State of Maharashtra to grant the petitioners in the said Special Civil Applications permission to start schools in the areas concerned as desired by them. Civil Appeal No. 878 of 1968 is by the applicant in Special Civil Application No. 694 of 1965 against the order of the High Court dismissing his writ petition and declining to interfere with the order of the State and educational authorities granting permission to the third respondent in the appeal to open a new school at Sakharkherda with VIII and IX classes.

2. We will first deal with Civil Appeal Nos. 160 and 161 of 1