1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2136 OF 2010 Loksankhya Niyantran Ani Sanvardhan } Sevabhavi Sanstha, Aurangabad } Through its President. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its Secretary } School Education Department } Mantralaya, Mumbai – 32. } 2. The Education Officer (Primary) } Zilla Parishad, Aurangabad. } .... RESPONDENTS Mr. C.K.Shinde, Advocate for Petitioner. Mr. Alok Sharma, Advocate for respondent no. 2. Mr. K.G.Patil, Assistant Govt. Pleader for respondent no. 1 - State . CORAM : P.V.HARDAS, J. & S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 17/03/2010 2 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. C.K.Shinde, learned counsel for the petitioner, Mr. Alok Sharma, learned counsel for respondent no. 2 and Mr. K.G. Patil, learned Assistant Govt. Pleader on behalf of respondent no. 1. 2. By this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuance of Writ of mandamus directing the respondent no. 2 to grant permission to the petitioner for opening Urdu medium Primary school at village Varud Kazi, Taluka Dist. Aurangabad pursuant to the proposal submitted by the petitioner. We are not inclined to grant the said relief in light of the averments in the petition that the application of the petitioner has remained pending and since the proposal of the petitioner has not been considered, it would be wholly inappropriate to direct the respondents to grant permission to the petitioner. In that light of the matter, we are inclined to grant limited relief to the petitioner to decide the proposal of the petitioner in accordance with law and communicate the decision thereon to the petitioner. 3. In that light of the matter, therefore, we allow this petition to the limited extent by directing the respondents to decide the proposal 3 of the petitioner, if pending, in accordance with law within period of 8 weeks from today i.e. 7/5/2010 and communicate the decision thereof to the petitioner. In the circumstances, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2136.10 ( J )