1 wp307.09 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 307 OF 2009 Vidyashakti Shikshan Sanstha, Parbhani, through its President Suryakant S/o Mukundrao Hake, Aged : 48 years, Occ : Business, R/o Ganesh Nagar, Parbhani. ..PETITIONER -VERSUS- 1. The State of Maharashtra, through the Secretary, Social Justice and Cultural Programme, Special Administration Department, Mantralaya, Fort, Mumbai. 2. The Divisional Social Welfare Officer, Aurangabad Division, Aurangabad. 3. The Special District Social Welfare Officer, Parbhani. RESPONDENTS ..... Shri H.V. Patil, Advocate for petitioner. Shri N.B. Patil, A.G.P. for respondent/State. ..... (CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 1st July, 2011. ORAL JUDGMENT (PER SMT. MHATRE, J.) 1. Rule. Rule made returnable forthwith, by consent of the parties. 2. The petitioner is an Institution, which desires to run a Junior 2 wp307.09 College by attaching it to its Ashram School at Aherwadi. The petitioner is running various Ashram Schools for the economically backward classes i.e. Scheduled Tribes, Nomadic Tribes, V.J.N.T. and O.B.C. categories. The petitioner applied for permission to start a Secondary Ashram School at village Aherwadi, Tq. & Dist. Parbhani, initally in 1999. After scrutinising the petitioner's proposal, the State issued a letter of intent for opening a Secondary Ashram School for the year 1999-2000. It appears that the petitioner submitted a proposal to start the Secondary Ashram School after receiving a letter of intent. However, that application was rejected on the ground that the State had taken a policy decision not to grant permission to any institution to start new Ashram Schools. Being aggrieved by that decision of the State, the petitioner preferred Writ Petition No. 3710 of 2000. The Petition was heard and decided on 21st September, 2000. The Division Bench of this Court directed the State to permit the new Ashram School to be established on the basis of the letter of intent issued, after the Institution gave an undertaking that it was ready and willing to run the School with its own funds and without seeking financial aid from the State Government. This direction was to be in operation till the Government lifted the ban on the opening of new Ashram Schools. Accordingly, the petitioner started a Secondary Ashram School at village Aherwadi on receipt of the permission from the Deputy Director, Aurangabad Division, Aurangabad, pursuant to the decision of this Court in Writ Petition No. 3710 of 2000. 3 wp307.09 3. A new policy was formulated by the State and was set out in its Resolution dated 26th June, 2007. The Government decided to grant permission to the Institutions to attach Junior Colleges to the existing Secondary Ashram Schools, by natural growth. The petitioner, therefore, applied for permission to run a Junior College by attaching the same to the Secondary Ashram School being run by it. 4. The proposal submitted by the petitioner has not been considered as yet by the State. However, it appears that the District Scrutiny Committee has not recommended the name of the petitioner's Institution for starting a Junior College. 5. An affidavit has been filed by the State contending that the petitioner has no vested right to run a Junior College on the basis of the letter of intent issued to it, to run the Secondary Ashram School. 6. We have been informed by the Counsel appearing for the parties that the ban against starting of new Ashram Schools has been lifted by the State. In these circumstances, the State should consider the proposal submitted by the petitioner for permission to start its Ashram School and decide the same within a stipulated period. 7. Accordingly, the present Petition is disposed of with the following order : 4 wp307.09 (i) The proposal submitted by the petitioner to run the Ashram School shall be considered by the State in accordance with law within three months from today. The State will not be bound only by the Report of the District Level Committee, which is dated 24th July, 2007. (ii) In case the permission is granted by the State, it will consider the other proposal submitted by the petitioner to run a Junior College by attaching the same to the Ashram School in view of its resolution dated 26th June, 2007. That decision will be taken within three months after the permission to start an Ashram School is granted. 8. Rule made absolute accordingly. No order as to costs. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) ga s/wp307.09