Be'er Sheva District Court Judge Geula Levin on Thursday ruled that the school illegally built by the Abu Quider Bedouin tribe would not open until it received approval as well as all the necessary permits.
At the hearing, State Representative Attorney Tal Stein admitted that the school's construction work, which included infrastructure work, classrooms and administrative structures, began in recent weeks, although no building permit was issued as is required by law.
The work was carried out by the Southern Neve Midbar Council, which has built a high school in an illegal Bedouin complex, according to the statement submitted to the High Court by the State. The complex is intended to be evacuated in the near future to a new neighborhood which the Bedouin authority is building.
The community is illegally built on land which is mostly owned by private Jewish owners.
Following a petition by the Regavim organization, an order was submitted to the Neve Midbar Council to halt the construction work. The Bedouin settlement authority in the Negev, which is in charge of approving building plans in the sector, also opposes the establishment of the school.
Attorney Boaz Arazi argued that there is no legal programming to open the school in such a way, and the minimum required by the court that the school should not open as long as it does not have a legal building permit.
Judge Levin stated in her decision not to overturn the crease and desist order: "Noting that the school will not be accommodated until a permit is received as required by law, I have come to the conclusion that there is no justification for issuing an interim injunction. Establishing the school in the format in which it is established under temporary permission does not exceed the level of reasonableness. Failure to issue an interim order does not rely on this state of affairs to continue at the conclusion of the petition."
The state was required to update the court on the permit issue by September 8.
Adv. Boaz Arazi of the Regavim movement welcomed the court's decision, "Sometimes the obvious thing needs to be made clear. The court made it clear that the school cannot operate without a building permit. Students of the Bedouin Sector are eligible to attend lawful educational institutions. The court emphasized that the opening of the school was temporary, until the illegal group moved to the city of Rahat.