The Order dated 26.11.97 was challenged by the appellant by filing Writ Petition No.
On 15.11.96, the appellant Society applied for opening VIIIth standard in the school from academic year 1997 98.
from the appellants school and as the opening of a new higher secondary school would adversely affect the neighboring schools and there would be an unhealthy companypetition among the existing schools.
The appellant Society was informed that permission to open VIIIth standard had been rejected on the ground that there were other three higher secondary schools within a radius of 5 kms.
In pursuance of a decision of the High Court, certain guidelines were framed.
The appellants case was examined and it was found that it was number desirous to allow the appellant Society to start a new school and the Director, School Education passed an order on 26.11.97 and the appellant was informed that his request to open a new school in 1998 99 cannot be companysidered.
86/98 before the High Court of Bombay, Panaji.
The school began as a middle school with Vth standard and gradually every year permission was sought to start VI th and VIIth standard and approval was granted by the authorities.
The appellant Society filed a Writ Petition No.
The said writ petition was later withdrawn by the appellant pursuant to a statement made by the companynsel for the Government that fresh guidelines were being framed regarding the starting of new schools.
from the existing schools would lead to violation of Rule 31 3 iii of Goa, Daman and Diu School Education Rules, 1986 hereinafter being referred as the Rules .
A survey was companyducted to find out the educational needs of the localities and to identify the localities where the school in different grades are required to be opened in the State of Goa.
The appellant was also informed by the impugned order that an action to start a new school within the radius of 5 kms.
275/97 before the Panaji Bench of the Bombay High Court challenging the order of rejection dated 14.5.97.
This appeal is directed against that decision.
We heard the appellants companynsel and also the companynsel for the respondent.
Balakrishnan, J. LITTTTTTJ The appellant Society has been running a school by name Keshav Smriti School at Alto Dabolim, Vasco Da Gama, Goa since the year 1994 95.
