1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2330 OF 2010 Loksangh Shikshan Sanstha, Aurangabad, Through its President .. PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, School Education Department, Mantralaya, Mumbai 32 2. The Education Officer (Primary), Zilla Parishad, Aurangabad ..RESPONDENTS Mr.S.D.Kotkar, Advocate holding for Mr.C.K.Shinde, Advocate for petitioner Mr.K.J.Ghute Patil, Assistant Govt.Pleader for respondent No.1 Respondent No.2 deleted as per Court’s leave dated 22.6.2010 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 22nd June 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. At the outset, Mr.Kotkar, learned Counsel appearing on behalf of the petitioner seeks leave to delete respondent No.2 as no relief is claimed against respondent No.2. Leave granted at the risk of the petitioner. 2. Pursuant to the judgment of the Division Bench of this Court, dated 8.4.2008, in Writ Petition No.345 of 2010, by which the Division Bench struck down the policy decision of the Government not to grant permission to open schools in Marathi 2 medium, the proposals came to be examined afresh by the respondents. In the present petition the petitioner has prayed for striking down the policy decision of the Government. The said relief is no longer available to the petitioner as the Division Bench of this Court in the aforesaid Writ Petition No.345 of 2010, Asha Sevabhavi Sahakari Sanstha Vs. State of Maharashtra and others, has already struck down the policy decision of the Government. The petitioner claims that its proposal is still pending and no decision has been communicated to the petitioner. 2. In that light of the matter, therefore, we allow this petition and direct the respondents to decide the proposal of the petitioner, if pending, in accordance with law, within period of two months from today and communicate the decision thereon to the petitioner. 3. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2330.10wp)