1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.11425 OF 2010 Abhijat Education Society ...Petitioners Versus Director of Education & Ors. ...Respondents ...... Mr.A.A.Kumbhakoni with Mr.R.M.Pethe for Petitioners. Mrs.J.S.Pawar, A.G.P. for Respondents 1 to 4. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 28, 2010. P.C. 1. Not on Board. Upon mentioning, taken on Board. 2. Heard Counsel for the parties. 3. Rule. Rule made returnable forthwith, by consent. Mrs.Pawar, A.G.P. waives notice for Respondents 1 to 4. 4. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 2 5. This Petition takes exception to the Government Resolution dated 20th July 2009 and prays for quashing and setting aside the letter issued by the Education Officer dated 5th December 2009. It appears that the Education Officer directed the Petitioners to stop running of classes of the Secondary School , Marathi Medium, as no prior permission or recognition was obtained by the Petitioners in that behalf. Insofar as that action of the Education Officer is concerned, that cannot be faulted with because the law requires that before any Secondary School is to be started on No-Grant Basis, prior recognition in that behalf should be obtained from the Appropriate Authority. Even the Act of 2009 mandates such compliance. However, the fact whether recognition should be granted to the Petitioner School is a matter which will have to be considered by the Appropriate Authority on its own merits in accordance with law. Our attention is invited to the decision of our High Court in Writ Petition No.345 of 2010 decided on 8th April 2010 which has dealt with the challenge in relation to Government decision as articulated in Government Resolution dated 20th July 2009. We have left it open to the appropriate Authority to consider the request of grant of recognition of each educational institution aspiring to start Primary School or Higher Secondary School, as the case may, be on 3 its own merits in accordance with law. In the circumstances, we are disposing of this Petition on the basis of the reasons recorded in the above said decision. 6. The Petitioner will have to comply with all the formalities for applying and/or for grant of recognition as may be required. Only on compliance of those formalities, the appropriate Authority may consider the request for recognition on its own merits in accordance with law as expeditiously as possible and in any case, within eight weeks from today, so that, if recognition is to be granted, the Petitioner School can start the Secondary School from the ensuing academic year 2010-2011. 7. The Petitioners through Counsel has assured this Court that unless recognition to the Secondary School is to be granted by the appropriate Authority, the Petitioners shall not continue with the Classes 8th, 9th and 10th. That assurance is accepted. 8. Petition disposed of on the above terms. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)