1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3201 OF 2010 Shivtej Shikshan Sanstha : Petitioners versus State of Maharashtra and ors. : Respondents. Mr. Suresh S Pakale i/by Kirankumar Phakade for the Petitioners Mr. V S Gokhale, AGP, for Respondent Nos. 1 and 2. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 07th May 2010 P.C. : 1 Heard counsel for the parties. 2 Rule. Rule made returnable forthwith, by consent. Mr. Gokhale, AGP, waives notice to Respondent Nos. 1and 2. 3 The proposal submitted by the Petitioners for permission has not been considered so far in spite of the recommendation made by the Education officer in his communication dated 29 th January 2009 Exhibit B on page 57. The Respondents, however, relying on the communication dated 1 st October 2008, which is anterior in time, wherein it is mentioned that proper infrastructure has not been 2 provided by the Petitioners is one of the reason for rejecting the proposal. The fact remains that the Education officer subsequently on 29 th January 2009 has recommended the proposal submitted by the Petitioners. It is for the superior authority now to examine the said proposal on its own merits in accordance with law. 4 The issue raised in this Petition is squarely answered in the recent decision of our High Court in the case of Asha Seva Bhavi Santha v/s. State of Maharashtra and ors. in Writ Petition No.345 of 2010 decided on 8 th April 2010, to which one of us is a party (A M Khanwilkar). Applying the same reasons, this Petition is disposed of with directions to the Respondent Nos. 1 and 2 to consider the proposal of the Petitioners for starting Higher Secondary school and for recognition thereof, if all the formalities and mandatory requirements have already been complied with by the Petitioners. That however shall be done as expeditiously as possible and in any case before 14 th June 2010 so that if recognition were to be accorded to the Petitioners to start Higher Secondary School on permanent no grant basis, the said school can be commenced in the academic year 2010­11 commencing from June 2010. 3 5 We make it clear that until such authorisation is given by the appropriate authority, the Petitioners’ school shall not carry on the said higher secondary school and if the Education Officer notices that in absence of recognition/permission the school is being run, he shall take appropriate measures as may be necessary in accordance with law. 6 Petition is disposed of on the above terms. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)