1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.5981/2009 Shaikh Usman Education Society ..Petitioner. vs. The Education Officer(Primary) and ors. ..Respondents. Mr A.A. Siddhiquie, Advocate for the Petitioner. Mr V.S.Masurkar, A.G.P.,for Respondent Nos.2, 4 and 5. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 5TH JANUARY,2010 P.C.:- 1. At the request of learned counsel for the petitioner the names of Respondent Nos. 1 and 3 are permitted to be deleted from the cause title of the 2 petition. Amendment to be carried out forthwith. 2. Rule. Returnable forthwith. Heard finally by consent of parties. 3. The petitioner by this petition seeks a direction to the Authority to consider the application submitted by the petitioner for starting a primary school, up to the standards 1st to 4th. The application is not being considered by the State Government because the petitioner has started a school without there being any permission granted by the Authority. 3. The learned counsel appearing for the Petitioner, however, has expressed the willingness of the petitioner to close down their existing school which they have started without prior permission and they have also stated that they will not even apply for permission to start a school from the academic year 2010-2011. However, they will apply for starting primary school from the academic year 2011-2012. The learned Government Pleader 3 appearing on behalf of the Authority has agreed that as the petitioner has already admitted the students for the academic year 2009-2010 in order to avoid loss of academic year of the students, respondent No.2 will make arrangement so that the students can appear in annual examination and will also accommodate the successful students in some other recognized school for the academic year 2010-2011. The statement is accepted. In view of this statement, in our opinion, the following order will meet the ends of justice. ORDER The petitioner may continue the primary school imparting education to the students who have already been admitted. Respondent No.2 will make arrangement so that the students can appear in the examination to be held for the academic year 2009-2010 from a recognized school and so also accommodate those students in any other recognized 4 school for the next session. The petitioner shall not run any primary school during the education session 2010-2011. However, the petitioner shall be at liberty to apply for permission to start a primary school from the session 2010-2011 in accordance with law. In case, such an application is made, the respondent-Authority shall decide that application in accordance with law before commencement of the education session 2011-2012. If the order goes against the petitioner remedies that may be available to the petitioner against that order are kept open. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J)