Single bench of the Bombay High Court held a writ petition regarding a pending proposal for opening an Urdu medium primary school. The court directed the respondents to decide the proposal within three months.
Petition allowed; Respondents directed to decide the proposal within 3 months and communicate the decision.
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UNREPORTED
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.2067 OF 2010.
Adhunik Shikshan Prasarak
Mandal, Aurangabad, through
its President,
Shaikh Farukh Rauf,
Age 35 years, Occ.President,
R/o Plot No.129, Aref Colony,
Aurangabad. ... Petitioner.
Versus
1. The State of Maharashtra
through its Secretary,
School Education Department,
Government of Maharashtra,
Mantralaya, Mumbai.
2. The Director of Education,
Maharashtra State, Pune.
3. The Dy.Director of Education,
Latur, Region Latur.
4. The Education Officer
(Primary), Zilla Parishad,
Beed. ... Respondents.
Mr.S.G.Rudrawar, advocate for the petitioner.
Mr.K.G.Patil, Asstt.Govt. Pleader for the State.
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CORAM : P.V.HARDAS AND
: S.V.GANGAPURWALA,JJ.
Date : 27.04.2010.
ORAL JUDGMENT (Per P.V.Hardas,J.)
1.Rule. Rule returnable forthwith. With
the consent of learned counsel for the parties,
this petition is heard finally at the stage of
admission.
2.We have heard Mr.Rudrawar, learned
counsel for the petitioner and learned Asstt.
Govt. Pleader who accepts notice on behalf of the
Respondent Nos.1,2 and 3 and Mr.U.B.Bondar,
learned counsel accepts notice on behalf of the
Respondent No.4.
3.Undisputedly, the proposal submitted by
the petitioner for opening of a primary School in
Urdu Medium has remained pending though the
proposal came to be submitted some time on
8.5.2008. In that light of the matter,
therefore, we deem it appropriate to decide this
petition finally at this stage. According to us,
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it would be appropriate to direct the Respondents
to decide the proposal, if pending, in accordance
with law.
4.We accordingly allow this petition and
direct the Respondents to decide the proposal of
the petitioner, if pending, in accordance with
law, within a period of three (3) months from
today and communicate the decision thereon to the
petitioner. In the circumstances, there shall be
no order as to costs.
5.Rule is thus made absolute on the above
terms with no order as to costs.
(S.V.GANGAPURWALA,J.) (P.V.HARDAS,J.)
asp/office/wp206710
2 issues framed by the court
Whether the respondents are directed to decide the pending proposal for opening a Urdu medium primary school within three months.
Whether the petition should be allowed on the facts of the pending school proposal.
Adhunik Shikshan Prasarak Mandal, through Shaikh Farukh Rauf
State of Maharashtra through its Secretary, School Education Department
Director of Education, Maharashtra State, Pune
Dy. Director of Education, Latur
Education Officer (Primary), Zilla Parishad, Beed
P.V.Hardas
S.V.Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court