1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2129 OF 2010 Adhunik Shikshan Prasarak Mandal } Aurangabad through its President } Shaikh Farukh Rauf } Age : 35 Years, Occ. : President, } R/o : Plot No. 129, Aref Colony, } Ahmednagar. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its Secretary } School Education Department } Govt. of Maharashtra, } Mantralaya, Mumbai . } 2. The Director of Education } Maharashtra State, Pune. } 3. The Dy.Director of Education } Latur Region, Latur. } 4. The Education Officer (Secondary) } Zilla Parishad, Beed. } .... RESPONDENTS Mr. G.O.Wattamwar, Advocate holding for Mr. S.G. Rudrawar, Advocate for Petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State . 2 CORAM : P.V.HARDAS, J. & S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 17/03/2010 ORAL JUDGMENT : ( PER P.V. HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. We have heard Mr. G.O.Wattamwar, Advocate holding for Mr. S.G. Rudrawar, learned counsel for the petitioner and Mr. K.G. Patil, learned Assistant Govt. Pleader on behalf of State. 2. According to the petitioner, the petitioner being educational Institution registered under the provisions of law, responded to an advertisement in the newspaper published on 29/4/2008 inviting applications for permission to open Urdu secondary school. Accordingly, the petitioner submitted its application on 12/5/2008 but the said application, according to the petitioner, has not been decided by the respondents - authorities. Though the petitioner has prayed in this petition vide prayer clause ‘ C ’ for issuance of writ of mandamus directing the respondents to grant permission to the petitioner to open and run new Urdu secondary school, we are not inclined to grant the aforesaid relief for the reason that petitioner’s application has not be decided. According to us, interest of justice would be sub-served by directing the respondents to decide the 3 pending application of the petitioner. 3. We accordingly allow this petition and direct the respondents who are represented by Mr. K.G.Patil, learned Assistant Govt. Pleader to decide the application of the petitioner, if pending, within period of 10 weeks from today and communicate the decision thereon to the petitioner. 4. Rule thus made absolute in above terms with no orders as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2129.10 ( J )