bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7726 OF 2007 PETITION NO. 7726 OF 2007 PETITION NO. 7726 OF 2007 Jyotirling Shikshan Prasarak Mandal & anr. ... Petitioners V/s The State of Maharashtra & ors. ... Respondents Mr.R.S.Apte i/by M.S.Lagu for the petitioners. Mr.A.I.Khemani, A.G.P. for respondent Nos.1 to 3. Mr.Amit Borkar for the respondent No.4. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 1ST FEBRUARY, 2008. 1ST FEBRUARY, 2008. 1ST FEBRUARY, 2008. P.C. P.C. P.C.: 1. Learned counsel for the petitioners, on instructions from the Chairman of the petitioner institution, who is present in Court, submits that the petition may be disposed of at the stage of admission itself as the petitioner institution is prepared to accept the condition which was putforth by the respondent State to grant recognition to the school of the petitioners on permanent no-grant basis. 2. It is further submitted that the option should be left to the petitioner institution to apply for modification of the condition as per the policy of the 2 State Government. 3. In our view, if on earlier occasion the State has accepted in principle to grant recognition to the petitioner institution on permanent no-grant basis and it was turned down as the petitioners failed to give such an undertaking and now as the petitioner is willing to accept the terms and conditions on which the State was ready to grant recognition, the State should consider the case of the petitioners to permit them to start the school by granting recognition on the condition of permanent no-grant basis. Needless to say that, it will be always open to the petitioner institution to seek modification of the terms and conditions as per the policy of the State Government. 4. We, therefore, dispose of the petition with direction to the State Government to reconsider the case of the petitioner for granting recognition to start a school on permanent no-grant basis. This may be done on or before 30.4.2008 so that the school can start functioning in the academic session 2008-2009. 5. Petition stands disposed of accordingly. 3 (SMT (SMT (SMT.NISHITA NISHITA NISHITA MHATRE MHATRE MHATRE, J J J.) (J (J (J.N.PATEL PATEL PATEL, J J J.)