1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4932 OF 2010 Khaja Garib Nawaj Sevabhavi Sanstha, Beed, Tal and Dist. Beed through it's President Shri Mohd. Abdul Samad Mohd. Abdul Kadir, Age : 30 Years, Occu. : Business, R/o Shivaji Nagar, Bhoom, Tq. Washi, District Osmanabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Latur Division, Latur. 3. The Education Officer (Primary) Zilla Parishad, Osmanabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri N. B. Khandare, Govt. Pleader for the Respondents/State. WITH WRIT PETITION NO. 4933 OF 2010 Khaja Garib Nawaj Education 2 Society, Kallamb, Tq. Kallamb, Dist. Osmanabad through it's Vice President Sayed Muntajibuddin Samiuddin Chisti, Age : 24 Years, Occu. : Private Service R/o Kallamb, Tq. Kallamb, Dist. Osmanabad .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Latur. 3. The Education Officer (Primary) Zilla Parishad, Osmanabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri N. B. Khandare, Govt. Pleader for the Respondents/State. WITH WRIT PETITION NO. 4934 OF 2010 Dr. Jafar Educational and Agro Research Foundation 5/6 Jublee Complex, Jublee Park, Aurangabad. through its President Mohd. Shaker Mohd. Jafar 3 Age : 52 Years, Occu. : Social Worker R/o Plot No. 62, Motiwala Nagar, Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Aurangabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4935 OF 2010 Afrin Sikshan Sanstha, Bhoom Tq. Bhoom, Dist. Osmanabad through its Secretary Mahammad S/o Noorkhan Patel, Age : 55 Years, Occu. : Agril., R/o Bhoom, Tq. Bhoom, Dist. Osmanabad. .. .. Petitioner Versus 4 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Latur Division, Latur. 3. The Education Officer (Secondary) Zilla Parishad, Osmanabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4936 OF 2010 Hasmi Education Society Siradhon, Tq. Kallamb, Dist. Osmanabad through it's President Hashmi Tayyab Burhaoddin, Age : 50 Years, Occu. : Business, R/o Siradhon, Tq. Kallamb, Dist. Osmanabad .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, 5 Latur. 3. The Education Officer (Primary) Zilla Parishad, Osmanabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri N. B. Khandare, Govt. Pleader for the Respondents/State. WITH WRIT PETITION NO. 4937 OF 2010 Dayee Education and Welfare Society, Dadarao Plot, Sambhaji Nagar, Parbhani, through its Secretary, Mohd. Salman Mujahed S/o Mohd. Farooq Kadri, Age : 25 Years, Occu. : Teacher, R/o Parbhani. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Director of Education Maharashtra State, Pune, Tq. & Dist. Pune. 3. The Deputy Director of Education, Aurangabad. 6 4. The Education Officer (Primary) Zilla Parishad, Parbhani. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4938 OF 2010 Optimistic Education and Welfare Society, Plot No. 67/103, Aurangabad Times Coloney, Aurangabad, through its President Naserkhan S/o Mohammadkhan Pathan, Age : 51 Years, Occu. : Social Worker, R/o Plot No. 67/103, Aurangabad Times Coloney, Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Director of Education, Maharashtra State, Pune, Tq. & Dist. Pune. 3. The Deputy Director of Education, Latur. 7 4. The Education Officer (Primary) Zilla Parishad, Osmanabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4939 OF 2010 Dr. Jafar Educational and Agro Research Foundation 5/6 Jublee Complex, Jublee Park, Aurangabad, through its President Mohd. Shaker Mohd. Jafar, Age : 52 Years, Occu. : Social Worker, R/o Plot No. 62, Motiwala Nagar, Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad 3. The Education Officer (Primary) Zilla Parishad, Aurangabad. .. .. Respondents 8 Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4941 OF 2010 Khaja Garib Nawaj Sevabhavi Sanstha, Beed, Tal & Dist. Beed through it's President Mohd. Abdul Samad Mohd. Abdul Kadir, Age : 30 Years, Occu. : Business, R/o Shivaji Nagar, Bhoom, Tq. Washi, Dist. Osmanabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Latur Division, Latur. 3. The Education Officer (Primary) Zilla Parishad, Osmanabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri N. B. Khandare, Govt. Pleader for the Respondents/State. WITH WRIT PETITION NO. 4942 OF 2010 9 Hasmi Education Society Siradhon, Tq. Kallam, District Osmanabad, through it's Secretary Hashmi Tayyab Burhaoddin, Age : 50 Years, Occu. : Business, R/o Siradhon, Tal. Kallamb, District Osmanabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Latur Division, Latur. 3. The Education Officer (Secondary) Zilla Parishad, Osmanabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri N. B. Khandare, Govt. Pleader for the Respondents/State. WITH WRIT PETITION NO. 4944 OF 2010 Lokhit Shikshan Prasarak Mandal Beed though its Vice President Shaikh Imran Shaikh Rafique, Age : 27 Years, Occu. : Social Worker, R/o Karanja Road, Beed, Tq. & Dist. Beed. .. .. Petitioner 10 Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Beed. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4945 OF 2010 Lokhit Shikshan Prasarak Mandal Beed though its Vice President Shaikh Imran Shaikh Rafique, Age : 27 Years, Occu. : Social Worker, R/o Karanja Road, Beed, Tq. & Dist. Beed. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 11 2. The Deputy Director of Education, Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Beed. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4946 OF 2010 Dr. Jafar Educational and Agro Research Foundation 5/6 Jublee Complex, Jublee Park, Aurangabad. through its President Mohd. Shaker Mohd. Jafar Age : 52 Years, Occu. : Social Worker R/o Plot No. 62, Motiwala Nagar, Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Aurangabad. .. .. Respondents 12 Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4947 OF 2010 Dr. Jafar Educational and Agro Research Foundation 5/6 Jublee Complex, Jublee Park, Aurangabad. through its President Mohd. Shaker Mohd. Jafar Age : 52 Years, Occu. : Social Worker R/o Plot No. 62, Motiwala Nagar, Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Aurangabad. .. .. Respondents 13 Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondents/State. WITH WRIT PETITION NO. 4948 OF 2010 Dr. Jafar Educational and Agro Research Foundation 5/6 Jublee Complex, Jublee Park, Aurangabad. through its President Mohd. Shaker Mohd. Jafar Age : 52 Years, Occu. : Social Worker R/o Plot No. 62, Motiwala Nagar, Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Aurangabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondents/State. 14 WITH WRIT PETITION NO. 4949 OF 2010 Al_kalam Education and Welfare Society, Aurangabad through its Chairman Mohd. Rahimuddin S/o Mohd. Sayadoddin, Age : 40 Years, Occu. : Medical Practitioner, R/o Times Colony, Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, School Education Department, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Aurangabad. .. .. Respondents Shri C. V. Thombre, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondents/State. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 09TH JUNE, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : 15 01. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 02. The limited grievance of the petitioners in the respective petitions is that the proposals submitted by the petitioners for opening of new school are said to be pending consideration with the respondents. In the light of said relief, we deem it appropriate to decide these petitions finally at this stage. Since the nature of relief is similar, these petitions are being decided by this common judgment. 03. Since the proposals are said to be pending, we allow these petitions and direct the respondents to decide the proposals, of the petitioners if pending, in accordance with law, within a period of two months from today and communicate the decision thereon to the petitioners. 04. Rule is thus made absolute on the above terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10