1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1374 OF 2011 (Ahebab Educational Society vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : APRIL 26, 2011 Heard Shri Joharapurkar, learned Counsel for the petitioner, and Mrs. Dangre, learned Additional Government Pleader for the respondents. Shri Joharapurkar, learned Counsel for the petitioner, states that the petitioner had applied to the State government for grant of permission to start Higher Secondary School (Junior College - Science Stream) in Urdu medium for the academic session 2008-09. Since no decision on the said application was taken by the State Government, the petitioner filed Writ Petition No.4326/2008 in this Court. 2 Since subsequently application of the petitioner came to be rejected by the State Government, petitioner sought permission to withdraw the said writ petition with liberty to challenge the order of rejection passed by the State Government. This Court vide order dated 20/1/2009 disposed of the said writ petition as withdrawn with liberty to the petitioner to challenge the said order. It is contended that thereafter petitioner filed another writ petition bearing No. 3260/2009, which also came to be disposed of as withdrawn vide order dated 17/9/2009 passed by this Court, with liberty to the petitioner to file a fresh application before the State Government/competent Authority for permission to start a higher Secondary School (Junior College) in Urdu Medium. It is further contended that the petitioner thereafter submitted a fresh application to the State Government seeking permission to open a higher Secondary School. However, the said application was also rejected by the State Government on the ground that policy decision had been taken by the State Government not to grant permission to open higher Secondary Schools (Junior Colleges - Science 3 stream) in Urdu medium and, therefore, application of the petitioner for academic session 2010-11 was not considered. Mrs. Dangre, learned Additional Government Pleader for the respondents, states that as and when proposals for new Higher Secondary Schools (Junior Colleges) will be invited by the State Government in future and if petitioner applies pursuant to such invitation, application of the petitioner for grant of permission to open higher Secondary School (Junior College) in Urdu Medium will be considered in accordance with law and procedure applicable in this regard. In view of the above referred facts, it is evident that application submitted by the petitioner for grant of permission to open higher Secondary School (Junior College) in Urdu medium for academic session 2010-11 could not be considered by the State Government in view of its policy decision not to grant new higher Secondary Schools (Junior Colleges) for that academic session. 4 However, as and when contingency arises in future, it will be open for the petitioner to apply for the same afresh. With these observations, the petition is disposed of. JUDGE JUDGE khj