1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3357 OF 2009 Manav Vikas Kalyan Prathisthan Vidya Prabodhinee, Santoshi Nagar, Narali Baug, Aurangabad Through its President Sominath s/o. Trimbak Rahane, Age 50 yrs., R/o. Vidya Prabodhinee, Santoshi Nagar, Narali Baug, Aurangabad. ....Petitioner. Versus The State of Maharashtra Through its Principal Secretary, School, Education and Sports Department, Mantralaya, Mumbai and others ....Respondents. Shri. R.N. Dhorde, Advocate h/f. Shri. R.L. Kute, Advocate for the petitioner. Shri. S.K. Kadam, A.G.P. for the respondent Nos. 1 to 3. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 26th April, 2010 PER COURT : 1. This petition impugns the order passed by the respondents, rejecting the proposal submitted by the petitioner for opening of a Higher Secondary School in Arts, Science and Commerce. According to the respondents, since there are already Higher Secondary Schools within 10 k.m. radius, the proposal of the petitioner came to be rejected. It, however, transpires on the basis of the document at Exh. G, which is an answer elucidated by the petitioner from the respondents in respect 2 of the existence of an Higher Secondary School in Science faculty. As per the aforesaid document, Exh. G dated 27.11.2008, it transpires that there are no educational facilities for teaching Science faculty. In that light of the matter, therefore, the learned counsel for the petitioner states on instructions that the petitioner would submit a fresh proposal, seeking permission to open a Higher Secondary School in Science faculty. The said proposal, according to the learned counsel for the petitioner, would be submitted by the petitioner within one month from today. 2. We, therefore, direct the respondents to decide the proposal, if submitted by the petitioner, seeking permission to open Higher Secondary School in Science faculty within two months of its submission, in accordance with law and communicate the decision thereof to the petitioner. The learned counsel for the petitioner, therefore, in that background, seeks to withdraw the petition with liberty to submit a fresh proposal for opening Higher Secondary School in Science faculty. Writ petition is accordingly dismissed as withdrawn with aforesaid liberty and with aforesaid directions. No order as to costs. [ S.V. GANGAPURWALA, J.] [ P.V. HARDAS, J. ] ssc/wp3357.09