1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2489 OF 2001 ... Koliwada Sanatan Dharam Sabha Education Society ...Petitioner v/s The State of Maharashtra and ors. ...Respondent ... Mr.A.G.Kothari for the Petitioner. Ms.S.Shridharan, AGP for the Respondents Nos. 1 & 2. Mr.Sanjay Udeshi i/b M/s.Sanjay Udeshi & Co. for the Respondent No.3. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 14 th September, 2009 P.C.: 1. The learned Counsel appearing for the Petitioner states that the beneficiary of the order of the Director of Education dated 2 15-1-2001 declaring that the Petitioner is not entitled to minority status are Respondents No. 3 to Respondent No.9. He states that the Respondent No.3 has retired from service, the Respondent No.4 has expired, the Respondent No.5 is retired from the service, the Respondent No.7 is also retired, Respondents Nos.6, 8 & 9 are presently in service. The learned Counsel further states that presently the Respondent No.6 is working as Head-Master/Principal of the School and that he can continue to occupy that post till the date of his retirement, irrespective of whether the Petitioner is held to be a minority school or not. He further states that the Government has issued a Resolution dated 4 th July, 2008 constituting a competent authority for deciding the applications made by the Educational Institutions seeking minority status and that 3 the Petitioner is willing to make an application to that competent authority and in case the Petitioner makes such an application, it should be decided on its own merits on the basis of the material produced before the competent authority without being influenced by the order dated 15-1-2001. 2. In view of this statement, the petition is disposed of by following order: (i)The Petitioner shall not disturb the status of the Respondent No.6 as Head Master/ Principal of the School till the date of his retirement, in any case. (ii) Within a period of two weeks from today the Petitioner shall make an application to the competent authority constituted under the Government Resolution dated 4 th July, 2008 seeking 4 recognition as minority institution with an advanced copy of that application to the Respondents Nos.8 & 9. (iii) In case such an application is made, the competent authority constituted under the Government Resolution dated 4 th July, 2008 shall decide that application in accordance with law, after considering any representation that Respondents Nos. 8 & 9 may choose to make, on the basis of the material that may be produced before the competent authority. (iv) In case the competent authority decides that the Petitioner is entitled to the status of minority institution then that order will be given effect irrespective of the order dated 15-1-2001. (v) It is clarified that the application of the Petitioner is to be decided by the 5 competent authority on its own merits on the basis of the material produced before the competent authority without getting influenced by the order dated 15-1-2001, which is challenged in the petition. (vi) Petition disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)