Allowed

Sardar Vallabhbhai Patel Vidya Vikas Sanstha,Muktai Nagar through the President as Director v. the State of Maharashtra and Others

Bombay HC9 Jun 2009WP/2963/2009

Case brief

AI extract

What is this about?

High Court at Bombay Bench at Aurangabad granted an oral judgment in a writ petition. The petitioner sought a direction for the respondents to decide their proposal to permit starting a secondary school from 8th Standard, citing urgency as schools had re-opened. The Court directed the respondents to decide the proposal within two weeks and communicate the decision.

What did the court decide?

Direction to respondents to decide the proposal to start a secondary school within two weeks from the date of the order.

Sardar Vallabhbhai Patel Vidya Vikas Sanstha,Muktai Nagar through the President as Director Vs the State of Maharashtra and Others — Bombay HC (2009) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD.

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WRIT PETITION NO.2963 OF 2009

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Sardar Vallabhbhai Patel Vidya
Vikas Sanstha, Muktai Nagar,
Tq.Muktai Nagar, Dist.Jalgaon,
Through Narayan s/o Vishwanath
Choudhari, The Founder President
as Director, Aged 77 years,
Occu.Nil, R/o Changdeo,
Tq. Muktai Nagar, Dist.Jalgaon.. Petitioner

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Versus

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1. The State of Maharashtra through its Secretary, Department of Education, Mantralaya, Fort, Mumbai

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2. The Director of Education, Secondary and Higher Secondary Maharashtra State, Pune

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3. The Education Officer (Secondary), Zilla Parishad, Jalgaon .. Respondents

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Shri Vijay B.Patil, Advocate for petitioner

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Shri N.N.Jadhav, AGP for respondent-State

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ORAM: P.V.HARDAS AND
 R.K.DESHPANDE, JJ

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DATE: 9th JUNE, 2009

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ORAL JUDGMENT: [Per P.V.Hardas, J]

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1.Rule. Rule returnable forthwith. With the
consent of learned Counsel for the parties, this
petition is heard finally at the stage of admission.

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2.By this petition under Article 226 of the
Constitution of India, the petitioner has prayed for
issuance of a writ directing the respondents to decide
the proposal of the petitioner dated 9.5.2008 which
was submitted to respondent No.3 on 12.5.2008 for
permission to start a secondary school from 8th
Standard onwards within a specified period. In the
light of the limited relief which the petitioner has
sought for in this petition, we deem it appropriate to
decide this petition finally at this stage. Learned
Assistant Government Pleader accepts notice on behalf
of respondents 1, 2 and 3.

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3.According to the petitioner, a proposal dated
9.5.2008 came to be submitted by him on 12.5.2008, to
the respondent No.3 seeking permission to start a
secondary school from 8th Standard onwards as a
consequence of a natural growth. According to the
petitioner, the aforesaid proposal is pending
consideration with the respondents and has not been
decided. The urgency for directing the respondents to
decide the proposal is that the schools have re-opened
from 8th June 2009 and in the event the permission is
granted to the petitioner belatedly it would be
infructuous insofar as the present academic session is

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concerned. In the light of that, therefore, we direct
the respondents to decide the proposal of the
petitioner as expeditiously as possible and preferably
within two (2) weeks from today and communicate the
decision thereof to the petitioner.

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4.This writ petition is accordingly allowed and
respondents are directed to decide the proposal of the
petitioner as expeditiously as possible and preferably
within two (2) weeks from today and communicate the
decision thereof to the petitioner.

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5.Rule is thus made absolute on the terms indicated
above with no order as to costs.

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6.The petitioner is directed to communicate this
order to the respondents.

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7.A copy of this order duly authenticated by the
Court Sheristedar be provided to the petitioner to act
upon.

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[ R.K.DESHPANDE, J ] [ P.V.HARDAS, J ]

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(vvr/wp2963.09)

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WRIT PETITION NO.2963 OF 2009

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Date of decision : 9th June 2009

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 For approval and signature.

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T HE HONOURABLE SHRI JUSTICE P.V. HARDAS

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THE HONOURABLE SHRI JUSTICE R.K.DESHPANDE

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1. Whether Reporters of Local Papers } may be allowed to see the judgment? } Yes. 2. To be referred to the Reorter or not? } Yes/No 3. Whether Their Lordships wish to see the fair copy of the judgment? } No. 4. Whether this case involves a substantial } question of law as to the interpretation } of the Constitution of India, 1950 or } any Order made thereunder? } No. 5. Whether it is to be circulated to the } Civil Judges? } No. 6. Whether the case involves an important } question of law and whether a copy of } the judgment should be sent to Mumbai, } Nagpur and Panaji offices? } No.

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 [ V.V.RASAL]
 Personal Assistant to
 the Honourable Judge.

Sardar Vallabhbhai Patel Vidya Vikas Sanstha,Muktai Nagar through the President as Director v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sardar Vallabhbhai Patel Vidya Vikas Sanstha,Muktai Nagar through the President as Director v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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