1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4338 OF 2010 Vidya Vikas Prabodhini Math Pimpalgaon, Through its Secretary, Shri Sudhakar Bhikaji Jadhav, Age : 38 Yrs., Occu. Service, R/o Partur, Tq. Partur, Dist. Jalna ..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, Dist. Aurangabad ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4340 OF 2010 2 Dnyankunj Shikshan Prasarak Mandal, CIDCO, Aurangabad, Through its Secretary Shri Bhausaheb Tejrao Kale, Age : 35 years, Occ. Service, R/o Plot No.339, Avishkar Colony, N-6, CIDCO, Aurangabad ..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 (Primary), Zilla Parishad, Dist. Aurangabad ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr N.B. Khandare, G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4341 OF 2010 Radhesham Bahuuddeshiya Sevabhavi Sanstha, Sawargaon (Thot), Through its Secretary, 3 Ganesh s/o Vishwambharrao Badure, Age : 33 years, Occ. Service, R/o Sawargaon (Thot), Tal. Ahmedpur, Dist. Latur ..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, Latur Region, Latur 4. The Education Officer (Secondary), Zilla Parishad, Latur ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4342 OF 2010 Swami Vivekanand Sevabhavi Sanstha, Hisamnagar, Tq. Devani, Dist. Latur, Through its Secretary Shri Udhav Manikrao Tawade, Age : 38, Occu. Service, R/o Hisamnagar, Tq. Deavni, Dist. Latur ..PETITIONER 4 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, Latur Region, Aurangabad 4. The Education Officer (Primary), Zilla Parishad, Dist. Latur ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4343 OF 2010 Jijau Gramin & Krashi Vikas Prathisthan, Mahila Sevabhavi Sanstha, Banegaon, Tq. Kej, Dist. Beed, Through its President, Shri Suman Dnyanoba Andhale, Age : 35, Occu. Social Work, R/o Swaraj Nagar, Beed, Tq. Dist. Beed ..PETITIONER 5 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 (Primary), Zilla Parishad, Dist. Beed ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4344 OF 2010 Renuka Charitable Trust, Through its President, Shri Madhavrao Hanmantrao Patil, Age : Major, Occu. Social Work, R/o Laxmi Colony, Ausa Road Latur, Tq. & Dist. Latur ..PETITIONER VERSUS 6 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, Latur Region, Latur 4. The Education Officer (Primary), Zilla Parishad, Dist. Latur ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr K.G.Patil, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4348 OF 2010 Kai. Nivruttinath Shikshan Prasarak Mandal, Bhakaskheda (W), Tq. Udgir, Dist. Latur Through its Secretary, Shri Prabhakar Nivruttirao Bandgar, Age : 44, Occu. Service, R/o "Muktai Niwas", Sutmilget, Shivnagar, Latur ..PETITIONER VERSUS 7 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, Latur Region, Latur 4. The Education Officer (Primary), Zilla Parishad, Dist. Latur ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for the respondents no.1 to 3. WITH WRIT PETITION NO.4353 OF 2010 Balaji Bahuuddeshiya Shikshan Prasarak Mandal Jalna, Through its Secretary, Shri Kishan Sarjerao More, Age : 42 Yrs., Occu. Social Work, R/o Mantha, Tq. Mantha, Dist. Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, School Education Department, Government of Maharashtra, Mantralaya, Mumbai 8 2. The Director of Education, Maharashtra State, Pune 3. The Dy. Director of Education, Aurangabad Region, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Dist. Aurangabad ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4354 OF 2010 Vidya Vikas Prabodhini Math Pimpalgaon, Through its Secretary, Shri Sudhakar Bhikaji Jadhav, Age : 38 Yrs, Occu. Service, R/o Partur, Tq. Partur, Dist. Jalna ..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 9 3. The Dy. Director of Education, Aurangabad Region, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Dist. Aurangabad ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4356 OF 2010 Vidya Vikas Prabodhini Math Pimpalgaon, Through its Secretary, Shri Sudhakar Bhikaji Jadhav, Age : 38 Yrs., Occu. Service, R/o Partur, Tq. Partur, Dist. Jalna ..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 10 4. The Education Officer (Primary), Zilla Parishad, Dist. Aurangabad ..RESPONDENTS Mr S.G. Rudrawar, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondents 1 to 3 WITH WRIT PETITION NO.4280 OF 2010 Ekta Shikshan Prasarak Mandal, Helas Taluka Mantha, District Jalna, Through it's President Balaprasad S/o Raosaheb Kharabe, Age : 48 years, Occu.Agri., R/o Helas, Taluka Mantha, District Jalna ..PETITIONER VERSUS 1. The State of Maharshtra Through it's Secretary, Department of Education, Mantralaya, Mumbai - 32 2. The Education Officer (Secondary), Zilla Parishad, Jalna 3. The Director of Education, Maharashtra State, Pune ..RESPONDENTS Mr S.S. Jadhavar, Advocate holding for Mr S.R. Shirsat for the petitioner; Mr K.G. Patil, A.G.P. for respondents. WITH 11 WRIT PETITION NO.4281 OF 2010 Shri Samarth Sanskrutik Yuva, Krida Va Vyayam Mandal, Jamb-Samarth, Taluka Ghansavangi,District Jalna, Through it's President Vilas s/o Bansidhar Tangde, Age : 35 years, Occu.Agri., R/o Jamb-Samarth, Taluka Ghansavangi, District Jalna ..PETITIONER VERSUS 1. The State of Maharshtra Through it's Secretary, Department of Education, Mantralaya, Mumbai - 32 2. The Education Officer (Secondary), Zilla Parishad, Jalna 3. The Director of Education, Maharashtra State, Pune ..RESPONDENTS Mr S.S. Jadhavar, Advocate holding for Mr S.R. Shirsat for the petitioner; Mr S. K. Kadam, A.G.P. for respondents. WITH WRIT PETITION NO.4307 OF 2010 Yuvak Vikas Mandal, Malipura, Jalna Taluka and District Jalna, Through it's President Balasaheb s/o Asaram Tanpure, Age : 42 years, Occu. Agri., R/o Rohanwadi, Taluka and District Jalna ..PETITIONER 12 VERSUS 1. The State of Maharshtra Through it's Secretary, Department of Education, Mantralaya, Mumbai - 32 2. The Education Officer (Secondary), Zilla Parishad, Jalna 3. The Director of Education, Maharashtra State, Pune ..RESPONDENTS Mr S.S. Jadhavar, Advocate holding for Mr S.R. Shirsat for the petitioner; Mr S.K. Tambe, A.G.P. for respondents. WITH WRIT PETITION NO.4305 OF 2010 Sangam Seva Bhavi Trust, Sangamner, C/o Sanjivan Hospital, in front of Sangamner College, Pune-NashikRoad, Sangamner, Tq. Sangamner, Dist. Ahmednagar, Through its President Dr. Bhanudas Genuji Dere, Age : 48 years, Occ. Social Service and Medical Practitioner, R/o Sangamner, Tq. Sangamner, Dist. Ahmednagar ..PETITIONER VERSUS 13 1. The State of Maharashtra through its Principal Secretary, Higher & Technical Education Department, Mantralaya, Bombay - 32 2. The Deputy Director of Education, Pune Division, Pune-1 3. The Education Officer, Higher Secondary Section, Zilla Parishad, Ahmednagar ..RESPONDENTS Mr S.K. Shinde, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents. WITH WRIT PETITION NO.4312 OF 2010 Sukhlal Naik Shikshan Prasarak Mandal, Sevali, Taluka and District jalna, Through it's President Ukaji s/o Sukhlal Jadhav, Age :59 years, Occu.Agri. R/o Sevali, Taluka and District Jalna ..PETITIONER VERSUS 1. The State of Maharashtra Through it's Secretary, Department of Education, Mantralaya, Mumbai - 32 2. The Education Officer (Secondary), Zilla Parishad, Jalna 14 3. The Director of Education, Maharashtra State, Pune ..RESPONDENTS Mr S.S. Jadhavar, Advocate holding for Mr S.R. Shirsat for the petitioner; Mr S.K. Kadam, A.G.P. for respondents. WITH WRIT PETITION NO.4330 OF 2010 Balraje Bahuuddeshiya Gramin Vikas Seva Bhavi Sanstha Palwan Chowk, Tq. & Dist. Beed Through it's President, Shri Virendra Tulshiram Bhalekar, Age : 30 years, occupation - Agri., R/o Dande Galli, Beed, Tq. & Dist. Beed ..PETITIONER VERSUS 1. The State of Maharashtra, through the Secretary, Education Department, Mantralaya, Mumbai - 32 2. The Education Officer, Primary, Zilla Parishad, Beed, Dist. Beed ..RESPONDENTS Mr V.D. Kadam, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondent No.1 WITH 15 WRIT PETITION NO.4333 OF 2010 Dnynopasak Bahu-uddeshiya Shikshan & Seva Sanstha, Jalgaon (Sapkal), through its Secretary, Deepak s/o Krishnarao Sapkal, Age : 38 years, Occ. Agri. & Social Work, R/o Jalgaon (Sapkal), Tq. Bhokardan, Dist. Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, School Education & Sports Department, Govt. of Maharashtra, Mantralaya, Mumbai - 32 2. The Director of Education, Secondary and Higher Secondary Education Department, State of Maharashtra, Pune - 1 3. The Deputy Director, Education Department, Aurangabad Division, Aurangabad, Dist. aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Jalna, Tq. & Dist. Jalna ..RESPONDENTS Mr G.V. Patil, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondents. WITH 16 WRIT PETITION NO.4335 OF 2010 Vidya Prabodhini Bahuddeshya Shikshan Sanstha, Varkhedi, Tq. Pachora, Dist. Jalgaon Through its Director :- Shri Manoj Shantaram Patil, Age : years, Occ. R/o Varkhedi, Tq. Pachora, Dist. Jalgaon ..PETITIONER VERSUS 1. The State of Maharashtra, Through Principal Secretary, School Education Department, Mantralaya, Mumbai -32 2. Deputy Director of Education, Nashik Division, Nashik 3. Education Officer (Secondary), Zilla Parishad, Jalgaon ..RESPONDENTS Mr S.S. Phatale,Advocate holding for Mr M.S.Deshmukh for the petitioner; Mr K.G. Patil, A.G.P. for respondents. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 6th May, 2010 17 ORAL JUDGMENT [ PER P.V.HARDAS , J ] At the outset, learned Counsel for the petitioners state that leave may be granted to the petitioners for deleting Education Officer (Primary). Leave granted at the risk of the petitioners. Amendment to be carried out forthwith. 2. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties these petitions are heard finally at the stage of admission. 3. The policy decision of the Government not to grant permission for opening of Marathi medium Primary/Secondary/Higher Secondary school was subject-matter of challenge in Writ Petition No.345 of 2010, Asha Seva Bhavi Sanstha vs. State of Maharashtra & ors. The Division Bench of this Court in the aforesaid petition allowed that petition and other companion petitions and quashed and set aside the policy decision of the Government by its judgment dated 8.4.2010 and directed the respondent - Government to examine the proposals afresh in accordance with law and decide the proposals by 31st May, 2010. 18 4. In accordance with the aforesaid directions, the learned Asstt. Government Pleader states that the Government would examine the proposals afresh, in accordance with law and decide the same by 31st May, 2010. 5. Rule is thus made absolute on the above terms with no order as to costs. Sd/- Sd/- ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE //Authentic copy// (A. M. Joshi), P.S. to Honourable Judge 19