“Admittedly, for the first time the State Government issued a Government Resolution on 20.12.1988 regulating the process for granting permission to open Sectional Schools. Applications were required to be forwarded with prescribed fee amounting to Rs.1000/- and there were also some other conditions to be complied with. On 20.07.1990, the State Government issued another Resolution and took a policy decision not to grant permission to open Sectional Schools in future. It is also stated that in case of the proposals pending for decision, it would be deemed that such Schools were not granted permission. Both these Government Resolutions, do not affect any of the petitioners’ case. However, the Education Officer (Secondary), Zilla Parishad, Parbhani issued a communication on 21.06.1991 and called upon the petitioner – Schools to close down the Sectional Schools, which were opened even prior to 20.12.1988 or 20.07.1990, as the case may be. Both these Government Resolutions, if read as it is, do not contemplate any action against the Sectional Schools which were commenced prior to 20.12.1988. The revised policy of the State Government to regulate the permissions for Sectional Schools through the Government Resolution dated 20.12.1988 and the subsequent policy not to entertain such applications vide Government Resolution dated 20.07.1990, could not have been given retrospective effect unless it was stated so specifically.”
