FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4824 OF 2011 "Mohamadiya Education Society Ahmednagar through Secretary Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. V.D. Hon, Advocate for petitioner. Mrs. A.V. Gondhalekar, AGP for respondents. CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE :- 6TH JULY, 2011. PER COURT :- 1] Heard learned counsel for the petitioner and learned AGP for respondent Nos. 1 and 2. 2] In this writ petition, the petitioner is seeking the following relief :- "B] Issue a writ of mandamus or writ in the nature of mandamus to respondent No.1 Secretary, Minority Development Department, Mantralaya, Mumbai to forthwith decide the proposal of the petitioners dated 10/12/2010 for grant of necessary approval to the list of the students admitted by the petitioners in its college viz. I] Masumiya D.T.Ed. College, at Mukundnagar, Ahmednagar, Marathi medium having FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4824 OF 2011 "Mohamadiya Education Society Ahmednagar through Secretary Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 intake capacity of 50 students and ii] Masumiya D.T.Ed. College at Dhawalpuri, Tq. Parner, District Ahmednagar, Marathi medium, having intake capacity of 50 students.” 3] We have perused the proposal/application made by the petitioners to respondent No.1 dated 10/12/2010 ( Exhibit K to the writ petition) , seeking permission to admit students other than the students belonging to minority community as per the Government Resolution dated 4.7.2008. 4] Learned counsel for the petitioner submits that the petitioners would be satisfied if directions are issued to respondent No.1 to consider and decide their proposal dated 10/12/2010, within time frame, on merits and in accordance with law. Learned AGP has no objection for issuing such direction. 5] Having regard to the prayer made in the writ petition and considering overall facts and circumstances of the case, we dispose of the writ petition, by the following order :- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4824 OF 2011 "Mohamadiya Education Society Ahmednagar through Secretary Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 : O R D E R :- I] Respondent No.1 shall decide the petitioner's proposal dated 10/12/2010 ( Exhibit K) as expeditiously as possible and preferably within a period of 4 weeks from today. Petitioners are directed to produce copy of this order, duly authenticated by the Shirestedar, before respondent No.1, witnin a week from today. ii] It is made clear that while issuing this direction, we have not examined rights of the petitioner and/or merits of the case. iii] Respondent No.1 shall decide the petitioner's proposal, on merits, in accordance with law , so also, in the light of the relevant Govt. Resolutions/policy, if any, of the State Government, in respect of minority institutions. iv] If for any reasons, prima facie, respondent No.1 is not inclined to grant/sanction the proposal dated 10/12/2010, he shall afford an opportunity of hearing to the petitioners. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4824 OF 2011 "Mohamadiya Education Society Ahmednagar through Secretary Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 With the above observations, writ petition is disposed of. An authenticated copy of this order be given to the parties, to act upon. [S.B. DESHMUKH,J.] [D.B. BHOSALE, J.] grt/-