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

Civil Application No. 420 of 1966.

2. Petitioner No. 1 is a Society registered under the Societies Registration Act of 1860 at Anjansinghi, Taluka Chandur, District Amrayati, 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 VIII 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 at this village and in the first year to open 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 case a 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.

(7) No secondary school shall be recognised or continued to be recognised by a Divisional Board unless it fulfills the following requirements, namely:--

(i) The Standards V, VI and VII attached the secondary school, if any, continue to be recognised by the Education Department.

**** (xvi) The school shall comply with the provisions of the Secondary Schools Code of the State Government in so far as they are not inconsistent with the provisions of the Act and the Regulations."

The effect of these regulations is that if a school is not recognised by the Education Department under the Grant-in-aid Code, the Secondary School Board cannot recognise it and no student taking education in such a school could appear for the S.S.C. School Leaving Certificate held by these Boards.

"Every year provision is made in the Budget Estimate for payment of grant-in-aid to the secondary schools. Having regard to the funds available, it is necessary to regulate the number of secondary schools to be opened every year and the payment of these grants. The Code contemplates giving of certain benefits and facilities by the Government to the secondary schools and the grants are paid in accordance with Rule 87 of the Code. In para 4, it is said:--
"The provisions in the Code are made in the interest of the students and the institutions for serving the cause of education. They are also made to duly safeguard the interest of the Department and also of the parents and guardians. The provisions of the Code have been made for securing a healthy system of imparting education for the coming generation of the citizens." In para 5, it is said:--