wp5825.08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5825 OF 2008 Madarse-E-Milia Education Society, a duly registered Public Trust Imran Colony, Hyderbaugh No.2, Nanded, Through its President Mohd. Muslehuddin s/o Mohd. Hissamuddin, Age-68 years, Occu:Pensioner, R/o-Madina Nagar, Farhat Manzil, Degloor Naka, Nanded, Dist-Nanded. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary School Education & Sports Department, Mantralaya, Extension Bhavan, Mumbai, 2) The Zilla Parishad, Nanded and its Education Officer(Primary) and Chief Executive Officer, Zilla Parishad, Nanded, 3) The Superintendent of Police, Nanded, Dist-Nanded, 4) Hafej Abdul Quadar Raj Welfare and Educational Society, Nanded, Through its Secretary, Mohd. Saber Mohd. Abdul Qudare, Age-34 years, Occu:Secretary of the Institution, R/o-Nanded, Tq. & Dist-Nanded. ...RESPONDENTS. wp5825.08 2 ... Shri. R.R. Mantri Advocate for Petitioner. Shri. S.V. Kurundkar, A.G.P. for Respondent Nos. 1 and 3. Shri. V.S. Panpatte Advocate for Respondent No.2. Shri. A.M. Nagarkar Advocate for Respondent No.4. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 16TH AUGUST, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioner challenges a communication made by the Education Officer (Primary), Zilla Parishad, Nanded, dated 23rd September, 2008. The Petitioner School was running at Nizam colony, Nanded. The Petitioner applied for shifting of the school at Imran Colony, Nanded. By communication dated 5th July 2008, the State Government permitted shifting of the school on certain wp5825.08 3 conditions stipulated in the communication forwarded to Deputy Director, Education, Latur. The Petitioner's contention is that school was accordingly shifted. The Respondent No.4 - intervenor has raised certain objections to shifting of the Petitioner's school. 3. Learned counsel appearing for Education Officer submitted that certain conditions were not complied with by the Petitioner school and therefore they sought guidance from the State Government. By order dated 8th October, 2008, this Court had granted ad interim relief in terms of prayer clause (E). 4. Shri. Mantri, learned counsel submits that on the basis of interim relief, the Petitioner is running the school at Imran Colony, Nanded, which is now recognized by the department. The Petitioner school has its own building and about thousand students are studying there. wp5825.08 4 5. Unfortunately, though the order passed by the State Government is in question in this Petition, the State Government has preferred not to file any affidavit in reply so far, though the Petition is pending since the year 2008. 6. In the light of the facts of the case and material placed before us, we are of the opinion that it is for the State Government to decide the issue raised before this Court as to whether the Petitioner's school shall conduct its affairs at Imran Colony, Nanded. 7. The Education Officer is entitled to forward its report to the State Government. Respondent No.4 is also entitled to submit representation to the State Government. State Government shall take decision on the issue concerned. In case State Government desires to pass adverse orders against the interest of the wp5825.08 5 Petitioner, we direct the State Government to hear the Petitioner before any such order is passed. 8. Till the State Government takes a decision, the impugned communication dated 23rd September, 2008 issued by the Education Officer (Primary) Zilla Parishad, Nanded, shall not be operative. 9. With the above directions, the Writ Petition is disposed of. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/AUG11