Disposed

Balapur Minority Education Social Welfare Society, through Its Secretary, Imran-Ul-Haque v. the State of Maharashtra, through the Principal Secretary, Department of School Education and 2 Oth

Bombay HC16 Apr 2013WP/5269/2012

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the rejection of a proposal to open an Urdu Medium Secondary School. The petitioner urged the court to quash the order on the ground that the State Level Committee failed to recommend the proposal without stating reasons, relying on a prior Full Bench judgment. The court held that since no prospective plan was placed on record, it was not clear if

What did the court decide?

Petitioner allowed to apply afresh within four weeks; respondents to consider the application within three months thereof; no costs.

Balapur Minority Education Social Welfare Society… — Education and Admissions | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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WRIT PETITION NO. 5269 OF 2012

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(Balapur Minority Education & Social Welfare Society thr. Secretary, Akola vs. State of Maharashtra thr. Principal Secretary & Ors.)

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Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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CORAM : B.P. DHARMADHIKARI & A.B. CHAUDHARI, JJ. APRIL 16, 2013.

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Heard Shri Sheikh, learned counsel for the petitioner and Shri Patel, learned AGP for respondents No. 1 to 3.

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The proposal for opening a Urdu Medium Secondary School submitted in 2009-10 has been rejected by the impugned order dated 21.10.2010.

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Shri Sheikh, learned counsel submits that the said proposal was recommended by District Level Committee and though State Level Committee has not recommended, it has not given any reasons for doing so. In order to show that need existed, he also takes support from the recommendations from the district authorities for preparation of new prospective plan after Full Bench judgment of this Court in the case of Shikshan Mandal vs. State of Maharashtra , reported at 2012 (2) Mh.L.J. 948. The learned counsel submits that thus, need always existed and

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the petitioner has been victimized by overlooking this aspect.

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Shri Patel, learned AGP submits that by the impugned order dated 21.10.2010, all proposals to open Urdu Medium Schools, not recommended by both authorities i.e. District Level Committee and State Level Committee, have been rejected. A uniform standard, therefore, has been applied and there is no merit in the petition. He further submits that if in the master plan, place is accepted, the petitioner can apply afresh.

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The perusal of document at Annexure A, on which the petitioner has placed reliance, reveals that though the District Level Committee has recommended for permission to open new Urdu Medium School, however, while preparing the prospective master plan, the place has been accepted or not as per Full Bench judgment of this Court in Shikshan Mandal vs. State of Maharashtra (supra), is not clear. The petitioner has not placed before this Court any prospective plan, hence, it is not very clear whether the said recommendation has been accepted while preparing that plan. In any case, the period of about three years after the submission of proposal has expired.

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Hence, with leave to the petitioner to apply afresh in accordance with law with directions

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to the respondents to consider the said application if filed within a period of four weeks from today, as per law within a further period of three months thereafter, we dispose of this writ petition. However, there shall be no order as to costs.

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JUDGE JUDGE

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*GS.

Balapur Minority Education Social Welfare Society, through Its Secretary, Imran-Ul-Haque v. the State of Maharashtra, through the Principal Secretary, Department of School Education and 2 Oth

Case brief

What is this about?

What did the court decide?

Balapur Minority Education Social Welfare Society, through Its Secretary, Imran-Ul-Haque v. the State of Maharashtra, through the Principal Secretary, Department of School Education and 2 Oth

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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