1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2963 OF 2009 Sardar Vallabhbhai Patel Vidya Vikas Sanstha, Muktai Nagar, Tq.Muktai Nagar, Dist.Jalgaon, Through Narayan s/o Vishwanath Choudhari, The Founder President as Director, Aged 77 years, Occu.Nil, R/o Changdeo, Tq. Muktai Nagar, Dist.Jalgaon .. Petitioner Versus 1. The State of Maharashtra through its Secretary, Department of Education, Mantralaya, Fort, Mumbai 2. The Director of Education, Secondary and Higher Secondary Maharashtra State, Pune 3. The Education Officer (Secondary), Zilla Parishad, Jalgaon .. Respondents Shri Vijay B.Patil, Advocate for petitioner Shri N.N.Jadhav, AGP for respondent-State ... ORAM: P.V.HARDAS AND R.K.DESHPANDE, JJ DATE: 9th JUNE, 2009 2 ORAL JUDGMENT: [Per P.V.Hardas, J] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ directing the respondents to decide the proposal of the petitioner dated 9.5.2008 which was submitted to respondent No.3 on 12.5.2008 for permission to start a secondary school from 8th Standard onwards within a specified period. In the light of the limited relief which the petitioner has sought for in this petition, we deem it appropriate to decide this petition finally at this stage. Learned Assistant Government Pleader accepts notice on behalf of respondents 1, 2 and 3. 3. According to the petitioner, a proposal dated 9.5.2008 came to be submitted by him on 12.5.2008, to the respondent No.3 seeking permission to start a secondary school from 8th Standard onwards as a consequence of a natural growth. According to the petitioner, the aforesaid proposal is pending consideration with the respondents and has not been decided. The urgency for directing the respondents to decide the proposal is that the schools have re-opened from 8th June 2009 and in the event the permission is granted to the petitioner belatedly it would be infructuous insofar as the present academic session is 3 concerned. In the light of that, therefore, we direct the respondents to decide the proposal of the petitioner as expeditiously as possible and preferably within two (2) weeks from today and communicate the decision thereof to the petitioner. 4. This writ petition is accordingly allowed and respondents are directed to decide the proposal of the petitioner as expeditiously as possible and preferably within two (2) weeks from today and communicate the decision thereof to the petitioner. 5. Rule is thus made absolute on the terms indicated above with no order as to costs. 6. The petitioner is directed to communicate this order to the respondents. 7. A copy of this order duly authenticated by the Court Sheristedar be provided to the petitioner to act upon. [ R.K.DESHPANDE, J ] [ P.V.HARDAS, J ] (vvr/wp2963.09) 4 WRIT PETITION NO.2963 OF 2009 Date of decision : 9th June 2009 For approval and signature. THE HONOURABLE SHRI JUSTICE P.V. HARDAS THE HONOURABLE SHRI JUSTICE R.K.DESHPANDE 1. Whether Reporters of Local Papers } may be allowed to see the judgment? } Yes. 2. To be referred to the Reorter or not? } Yes/No 3. Whether Their Lordships wish to see the fair copy of the judgment? } No. 4. Whether this case involves a substantial } question of law as to the interpretation } of the Constitution of India, 1950 or } any Order made thereunder? } No. 5. Whether it is to be circulated to the } Civil Judges? } No. 6. Whether the case involves an important } question of law and whether a copy of } the judgment should be sent to Mumbai, } Nagpur and Panaji offices? } No. [ V.V.RASAL] Personal Assistant to the Honourable Judge.