1 W.P.No.4293.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4293 OF 2006 Sameer Ahmed Zahir Miyan and others ...PETITIONERS. VERSUS 1) The State of Maharashtra, and others ...RESPONDENTS. ... Shri.A.S.Bayas, Advocate for Petitioners. Shri.V.B.Ghatge, A.G.P. for Respondent No.1. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 16TH AUGUST, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. This Writ Petition is pending since 2006. By an order dated 3rd July, 2007 notices were issued, returnable within four weeks. The learned A.G.P. waived notice on behalf of respondent No.1. Thereafter, matter appeared on 2nd August, 2010 before us. By way of last opportunity we 2 W.P.No.4293.06 adjourned hearing of the petition on 16th August, 2010. 3. Mr. Ghatge, learned A.G.P. submits that Government Pleader's Office did not receive any instructions and communication, in respect of the issues raised in this petition. 4. We find that respondent-State has not made out a case for further adjournment. 5. In short, petitioners' contention is that at the relevant time they were studying in 2nd year D.Ed.(Urdu medium) Course with respondent No. 3. The respondent No.3 is Government Institution of Training and Education. In the said college, there are courses of Marathi medium D.Ed. as well as Urdu medium. The petitioners were admitted for the academic year 2004-2005 to D.Ed. course (Urdu Medium). It is contention of the petitioners that in the rules of admission, it was mentioned that fees payable by the students in non-aided D.Ed. 3 W.P.No.4293.06 Colleges shall be prescribed by the Education Authorities and undertaking to that effect was obtained from the petitioners that they would pay the fees applicable to the non-aided D.Ed. College subject to the decision of matter pending in the High Court. The petitioners were not in a position to refer to any such petition, which was pending in the High Court in respect of undertaking, which was obtained by the Authority. 6. Mr. Bayas, learned counsel appearing for the petitioners submits that even today such practice continues in D.Ed.(Urdu medium)course, and for getting education in D. Ed.(Urdu medium)course student has to pay a fees of Rs.12,500/-(Rupees Twelve Thousand Five hundred only), whereas for seeking education in D.Ed. (Marathi Medium) course a student has to pay fees applicable to the Government Institutions. The learned counsel submits that both these D. Ed Courses (Marathi and Urdu medium) are conducted by the State Government. The Institution is Government 4 W.P.No.4293.06 Institution. The State is not entitled to charge different fees for the said courses under different schemes. 7. Unfortunately, the respondent-State has not filed any reply nor other respondents have preferred to appear in the proceedings and to file any reply. 8. The proposition which is to be considered is whether the State Government in its own Institution could start courses on grant-in-aid basis and on no grant basis like present case. The decision has to be taken by the State, in case such situation prevail in other part of the State of Maharashtra. As this relates to policy, we direct the State Authorities to take decision in this regard. Mr. Bayas, learned counsel appearing for the petitioner submits that still D.Ed.(Urdu Medium) Course is run on no grant basis. 9. We, therefore, direct respondent No.1- 5 W.P.No.4293.06 Principal Secretary, School Education Department Mantralaya, Mumbai, to look into the matter and take appropriate decision in respect of issue raised by the petitioner and framed by this Court, at the earliest. The Writ Petition is disposed of accordingly. 10. The learned A.G.P. to communicate the order to the concerned authority forthwith. 11. Authenticated copy of this order be provided to the learned A.G.P. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK