(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 925 OF 1998 1. Laxminarayan Pratishthan, Sri Shivajinagar, Taluka : Rahuri, District : Ahmednagar, through its trustee, Pandurang Tukaram Jagtap. 2. Raosaheb Bhausaheb Pawar, Age : Major, Occupation : Agriculture, Resident of Kopre, Taluka : Rahuri, District : Ahmednagar. 3. Sudhakar Dharma Jagtap, Age : Major, Occupation : Agriculture, Resident of Kopre, Taluka : Rahuri, District : Ahmednagar. 4. Haribhau Bhikaji Jagtap, Age : Major, Occupation : Agriculture, Resident of Kopre, Taluka : Rahuri, District : Ahmednagar. 5. Laxman Gangadhar Jadhav, Age : Major, Occupation : Agriculture, Resident of Kopre, Taluka : Rahuri, District : Ahmednagar. (2) 6. Dajiba Rangnath Jadhav, Age : Major, Occupation : Agriculture, R/o. Tilapur, Taluka : Rahuri, District : Ahmednagar. .. Petitioners. versus 1. The State of Maharashtra. 2. The Director of Education, Maharashtra State, Pune. 3. The Deputy Director of Education, Pune Region, Pune. 4. The Education Officer (Secondary), Zilla Parishad, Ahmednagar, District : Ahmednagar. .. Respondents. ....................... Mr. V.B. Anjanwatikar, Advocate, holding for Mr. V.D. Hon, Advocate, for the petitioners. Mr. N.N. Jadhav, Assistant Government Pleader, for respondent nos.1 to 4. ........................ (3) CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 20TH JULY 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. The petitioners have challenged the order dated 9th January 1998, passed by the respondent no.4, and the order dated 25th August 1997, passed by the respondent no.3, to continue the school. 2. While granting rule, this Court, vide order dated 21st April 1998, has granted interim relief in terms of prayer clause "E". Prayer clause "E" reads thus :- " Pending hearing and final disposal of the present writ petition, grant stay to the letter dated 9-1-1998, issued by the respondent no.4, Education Officer (Secondary), Zilla Parishad, Ahmednagar (Exhibit L), and the letter dated 25th August 1997, of the respondent no.3, Deputy Education Officer, Pune Region, Pune, annexed at Exhibit "K". " 3. The learned Counsel appearing for the petitioners, on instructions of the petitioner, states that in view of the interim order passed by this Court, the petitioner is not only running the school, but has also been granted, subsequently, approval and (4) also 100 % grant in aid. 4. In view of the interim orders passed by this Court, the school has been functioning for a period of more than 12 years. Number of students must be taking education in the said school. Any interference at this stage, by this Court, would prejudice the interest of the students. In that view of the matter, we have left with no other alternative but to allow the petition on account of the interim orders passed by this Court. 5. In the result, the petition is allowed. Rule is made absolute in terms of prayer clause "B". However, there shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp925