1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4458 OF 2010 TUKARAM PAWAR SHIKSHAN MANDAL SAWALESHWAR, TQ KAIJ DIST BEED THROUGH ITS PRESIDENT R/O JAWALBAN, TQ. KAIJ, DIST. BEED. .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY EDUCATION DEPARTMENT, MANTRALAYA, MUMBAI. 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE , MUMBAI. 3. THE EDUCATION OFFICER (PRIMARY) ZILLA PARISHAD, BEED .... RESPONDENTS WITH WRIT PETITION NO. 4462 OF 2010 SOW SUREKHA SANJAY LAHANE AGE 33 YEARS, OCC. SOCIAL SERVICE AND PRESIDENT OF JIJAMATA GRAMIN VIKAS AND SHIKSHAN SANSTHA, JAFRABAD, TQ. JAFRABAD, DIST JALNA .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA 2. THE SECRETARY DEPARTMENT OF HIGHER SECONDARY SCHOOL, MANTRALAY, MUMBAI – 32. 2 3. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, JALNA .... RESPONDENTS WITH WRIT PETITION NO. 4463 OF 2010 SOW SUREKHA SANJAY LAHANE AGE 33 YEARS, OCC. SOCIAL SERVICE AND PRESIDENT OF JIJAMATA GRAMIN VIKAS AND SHIKSHAN SANSTHA, JAFRABAD, TQ. JAFRABAD, DIST JALNA .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA 2. THE SECRETARY DEPARTMENT OF HIGHER SECONDARY SCHOOL, MANTRALAY, MUMBAI – 32. .... RESPONDENTS WITH WRIT PETITION NO. 4464 OF 2010 SOW SUREKHA SANJAY LAHANE AGE 33 YEARS, OCC. SOCIAL SERVICE AND PRESIDENT OF JIJAMATA GRAMIN VIKAS AND SHIKSHAN SANSTHA, JAFRABAD, TQ. JAFRABAD, DIST JALNA .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA 2. THE SECRETARY DEPARTMENT OF HIGHER SECONDARY SCHOOL, MANTRALAY, MUMBAI – 32. 3. THE EDUCATION OFFICER (SECONDARY) 3 ZILLA PARISHAD, JALNA .... RESPONDENTS WITH WRIT PETITION NO. 4465 OF 2010 SOW SUREKHA SANJAY LAHANE AGE 33 YEARS, OCC. SOCIAL SERVICE AND PRESIDENT OF JIJAMATA GRAMIN VIKAS AND SHIKSHAN SANSTHA, JAFRABAD, TQ. JAFRABAD, DIST JALNA .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA 2. THE SECRETARY DEPARTMENT OF HIGHER SECONDARY SCHOOL, MANTRALAY, MUMBAI – 32. 3. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, JALNA .... RESPONDENTS WITH WRIT PETITION NO. 4466 OF 2010 LONAR SHIKSHAN PRASARAK MANDAL KANNAPUR, POST SHIRSALA, TQ DHARUR, DIST :BEED .... PETITIONER VERSUS 1. THE STATE OF MAH THROUGH SECRETARY EDUCATION DEPT. MANTRALAYA, MUMBAI 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE 3. THE DY. DIRECTOR OF EDUCATION 4 PUNE DIVISION PUNE 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, BEED .... RESPONDENTS WITH WRIT PETITION NO. 4467 OF 2010 LONAR SHIKSHAN PRASARAK MANDAL KANNAPUR, POST SHIRSALA, TQ DHARUR, DIST :BEED .... PETITIONER VERSUS 1. THE STATE OF MAH THROUGH SECRETARY EDUCATION DEPT. MANTRALAYA, MUMBAI 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE 3. THE DY. DIRECTOR OF EDUCATION PUNE DIVISION PUNE 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, BEED .... RESPONDENTS WITH WRIT PETITION NO. 44468 OF 2010 SARASWATI SHIKSHAN KRIDA BAHUUDDESHIYA SEVABHAVI SANSTHA ,CHANEGAON, THROUGH SECRETARY R/O CHANEGAON POST CHIKHLI, TQ BADNAPUR, DIST JALNA .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY DEPARTMENT OF EDUCATION, MANTRALAYA, MUMBAI. 5 2. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, JALNA. 3. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE , PUNE .... RESPONDENTS WITH WRIT PETITION NO. 4470 OF 2009 LONAR SHIKSHAN PRASARAK MANDAL KANNAPUR, POST SHIRSALA, TQ DHARUR, DIST :BEED .... PETITIONER VERSUS 1. THE STATE OF MAH THROUGH SECRETARY EDUCATION DEPT. MANTRALAYA, MUMBAI 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE 3. THE DY. DIRECTOR OF EDUCATION PUNE DIVISION PUNE 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, BEED .... RESPONDENTS WITH WRIT PETITION NO. 4471 OF 2010 SHRI BHAGWAN PRATISHTHAN NATH NAGAR, PATHARDI, DIST AHMEDNAGAR THROUGH ITS PRESIDENT R/O NATH NAGAR, PATHARDI, DIST AHMEDNAGAR .... PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY 6 SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF MAHARASHTRA MANTRALAYA, MUMBAI. 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE ,PUNE 3. THE DY. DIRECTOR OF EDUCATION AURANGABAD REGION, AURANGABAD 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, AHMEDNAGAR .... RESPONDENTS WITH WRIT PETITION NO. 4479 OF 2010 LONAR SHIKSHAN PRASARAK MANDAL KANNAPUR, POST SHIRSALA, TQ DHARUR, DIST :BEED .... PETITIONER VERSUS 1. THE STATE OF MAH THROUGH SECRETARY EDUCATION DEPT. MANTRALAYA, MUMBAI 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE 3. THE DY. DIRECTOR OF EDUCATION PUNE DIVISION PUNE 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, BEED .... RESPONDENTS WITH WRIT PETITION NO. 4477 OF 2010 LONAR SHIKSHAN PRASARAK MANDAL KANNAPUR, POST SHIRSALA, TQ DHARUR, DIST :BEED .... PETITIONER VERSUS 7 1. THE STATE OF MAH THROUGH SECRETARY EDUCATION DEPT. MANTRALAYA, MUMBAI 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE 3. THE DY. DIRECTOR OF EDUCATION PUNE DIVISION PUNE 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, BEED .... RESPONDENTS WITH WRIT PETITION NO. 4475 OF 2010 SHRI BHAGWAN PRATISHTHAN NATH NAGAR, PATHARDI, DIST AHMEDNAGAR THROUGH ITS PRESIDENT R/O NATH NAGAR, PATHARDI, DIST AHMEDNAGAR .... PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF MAHARASHTRA MANTRALAYA, MUMBAI. 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE ,PUNE 3. THE DY. DIRECTOR OF EDUCATION AURANGABAD REGION, AURANGABAD 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, AHMEDNAGAR .... RESPONDENTS WITH WRIT PETITION NO. 4473 OF 2010 8 LONAR SHIKSHAN PRASARAK MANDAL KANNAPUR, POST SHIRSALA, TQ DHARUR, DIST :BEED .... PETITIONER VERSUS 1. THE STATE OF MAH THROUGH SECRETARY EDUCATION DEPT. MANTRALAYA, MUMBAI 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE 3. THE DY. DIRECTOR OF EDUCATION PUNE DIVISION PUNE 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, BEED .... RESPONDENTS WITH WRIT PETITION NO. 4472 OF 2010 JIJAMATA MAHILA BAHUUDDESHIYA SHIKSHAN SANSTHA,GEVRAI, TQ. SILLOD, DIST. AURANGABAD THROUGH ITS PRESIDENT R/O GEVRAI, TQ. SILLOD, DIST. AURANGABAD .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF MAHARASHTRA MANTRALAYA, MUMBAI. 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE. 3. THE DY. DIRECTOR OF EDUCATION AURANGABAD REGION, AURANGABAD. 4. THE EDUCATION OFFICER (SECONDARY) 9 ZILLA PARISHAD, AURANGABAD. .... RESPONDENTS WITH WRIT PETITION NO. 4476 OF 2010 VIKAS SAMAJIK VA SHAIKSHANIK SANSTHA THROUGH ITS PRESIDENT R/O RADHAI NAGARI, POST COLONY ROAD, OSMANABAD, DIST. OSMANABAD .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT 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, OSMANABAD. .... RESPONDENTS WITH WRIT PETITION NO. 4478 OF 2010 JIJAMATA MAHILA BAHUUDDESHIYA SHIKSHAN SANSTHA,GEVRAI, TQ. SILLOD, DIST. AURANGABAD THROUGH ITS PRESIDENT R/O GEVRAI, TQ. SILLOD, DIST. AURANGABAD .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF MAHARASHTRA 10 MANTRALAYA, MUMBAI. 2. THE DIRECTOR OF EDUCATION MAHARASHTRA STATE, PUNE. 3. THE DY. DIRECTOR OF EDUCATION AURANGABAD REGION, AURANGABAD. 4. THE EDUCATION OFFICER (SECONDARY) ZILLA PARISHAD, AURANGABAD. .... RESPONDENTS WITH WRIT PETITION NO. 4481 OF 2010 SHRI SANGMESHWAR CHARITABALE TRUST, LATUR THROUGH ITS SECRETARY R/O SHYAM NAGAR, AMBAJOGAI ROAD, DIST. LATUR. .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT 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, LATUR .... RESPONDENTS WITH WRIT PETITION NO. 4482 OF 2010 SHRI SANGMESHWAR CHARITABALE TRUST, LATUR THROUGH ITS SECRETARY R/O SHYAM NAGAR, AMBAJOGAI ROAD, DIST. LATUR. .... PETITIONER 11 VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT 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, LATUR .... RESPONDENTS WITH WRIT PETITION NO. 4483 OF 2010 VIKAS SAMAJIK VA SHAIKSHANIK SANSTHA THROUGH ITS PRESIDENT R/O RADHAI NAGARI, POST COLONY ROAD, OSMANABAD, DIST. OSMANABAD .... PETITIONER VERSUS 1. THE STATE OF MAHRASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT 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, OSMANABAD. .... RESPONDENTS 12 Mr. K.J.Suryawanshi, Mr. S.G.Rudrawar Advocates for petitioners. Mr. S.V.Kurundkar, Mr. S.K.Kadam, Mr. K.G. Patil, Mr. S.K.Tambe, Mr. K.J.Ghute Patil, Assistant Govt. Pleaders for State. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 07/05/2010 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. At the out set, learned counsel for the petitioners seeks to delete the Education Officer (Primary) as respondent to the petition. Leave granted at the risk of the petitioners. 2. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, these petitions are heard finally at the stage of admission. 3. In the light of the fact that the nature of the challenge in all these petitions is similar, all these petitions are being decided by this common Judgment. 4. The challenge to the policy decision of the Govt. not to 13 grant permission for opening of Primary/Secondary School in Marathi medium was subject matter of challenge in Writ Petition before the Division Bench of this Court. The Division Bench of this Court allowed Writ Petition No. 345 of 2010 – Asha Sevabhavi Sanstha V/s The State of Maharashtra and others by Judgment dated 8/4/2010 and directed the Govt. to decide the proposals afresh, in accordance with law, by 31/5/2010. 5. Since the challenge in the present petition is clearly covered by the Judgment of the Division Bench in Asha Sevabhavi Sanstha ( supra ), the learned Assistant Govt. Pleader states on instructions that the proposals of the petitioners would be considered, in accordance with law and in accordance with the directives of this Court and would be decided by 31/5/2010. We accept the aforesaid statement as an undertaking to the Court. 6. We accordingly allow these petitions and make Rule absolute on the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 4458..............10 ( J ) 14