1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.615 OF 2007 Dr. Zakir Hussain Shikshan Prasarak Mandal, New Nanded, Through its President- Shri. Chandkhan s/o Lalkhan Pathan, R/o-Rehamatnagar, Nanded, Dist-Nanded and another. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through its Secretary in School Education & Sports Department, Mantralaya, Extension Bhavan, Mumbai-400 032 and others. ...RESPONDENTS. ... Shri. A.V. Patil Advocate h/f. Shri. V.D. Gunale Advocate for Petitioners. Smt.Y.M. Kshirsagar, A.G.P. for Respondent Nos. 1 to 3. Shri. V.S. Panpatte Advocate for Respondent No.4. ... WITH 2 WRIT PETITION NO.2823 OF 2007 Dr. Zakir Hussain Shikshan Prasarak Mandal, New Nanded, Through its President- Shri. Chandkhan s/o Lalkhan Pathan, R/o-Rehamatnagar, Nanded, Dist-Nanded and another. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary in School Education & Sports Department, Mantralaya, Extension Bhavan, Mumbai-400 032 and others. ...RESPONDENTS. ... Shri. A.V. Patil Advocate h/f. Shri. V.D. Gunale Advocate for Petitioners. Smt.Y.M. Kshirsagar, A.G.P. for Respondent Nos. 1 to 3. Shri. V.S. Panpatte Advocate for Respondent No.4. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 16TH AUGUST, 2010. 3 PER COURT : 1. Heard learned counsel for the parties. 2. Learned counsel Shri. Patil, appearing for the Petitioners, submits that in view of the subsequent developments, the Petitioner is restricting his prayer in seeking directions to Respondent No.3 Deputy Director of Education, Latur Division, Latur to pass appropriate orders on a proposal submitted by the Education Officer (Primary), Zilla Parishad, Nanded dated 19th May, 2009, Exhibit H to Writ Petition No.615 of 2007. 3. Shri. Panpatte, learned counsel appearing for Zilla Parishad submits that under a Government Circular dated 24th March, 2005, it was intimated that in such a situation the management could apply for fresh permission for starting a new school instead of asking for additional divisions. The counsel further submits that while considering the proposal, the Authority concerned will have to 4 take into consideration the available strength of students, the sanctioned strength of teachers, data in respect of surplus teachers etc. 4. We are restricting our directions to the Deputy Director of Education, Latur Division, Latur to the extent of passing appropriate orders on the proposal forwarded by the Education Officer (Primary), Zilla Parishad, Nanded. We are not addressing any other issue raised in these Petitions by the Petitioners and replied by the contesting Respondents. 5. We direct the Deputy Director of Education, Latur Division, Latur to pass appropriate orders on the proposal forwarded by the Education Officer (Primary), Zilla Parishad Latur, in accordance with law, Government Resolutions. The Deputy Director of Education, Latur Division, Latur is entitled to call for the concerned record and even hear the parties in person, if he so desires. The Deputy Director of 5 Education, shall pass appropriate orders and communicate the same to the management and the Education Officer (Primary), Zilla Parishad, Latur, within three months from the date of receipt of order of this Court. 6. With these directions, both these Writ Petitions are disposed of. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/AUG10/wp615.07