1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6878 OF 2009 Al Fazal Education and Welfare Society, Jamner, Taluka Jamner, District Jalgaon, through its President .. PETITIONER VERSUS 1. The State of Maharashtra through Secretary, School Education Department, Mantralaya, Mumbai 2. The Director of Education, Maharashtra State, Pune 3. The Education Officer (Primary), Zilla Parishad, Jalgaon .. RESPONDENTS Shri S.R.Barlinge, Advocate for petitioner Shri N.N.Jadhav, AGP for respondents 1 and 2 Respondent No.3 deleted CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 14th October 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Shri Barlinge, learned Counsel for the petitioner at the outset seeks leave to delete respondent No.3 as no relief is prayed against respondent No.3. Leave granted at the risk of the petitioner. Deletion to be carried out forthwith. 2 2. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 3. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ of mandamus directing respondent No.1 to decide the proposal submitted by the petitioner for permission to start primary school on permanent no grant basis, in accordance with law. In the light of the limited nature of relief which is prayed for by the petitioner, we deem it appropriate to decide this petition finally at this stage. 4. The aforesaid proposal submitted by the petitioner and which was forwarded by the Education Officer (Primary), Zilla Parishad, Jalgaon is pending consideration with respondents. In the light of that, therefore, we direct the respondents to decide the proposal of the petitioner dated 9.5.2008, if pending, in accordance with law, within period of three months from today and communicate the decision thereon to the petitioner. 5. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/6878.09wpA