910mca564.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application (Rev.) No.564 of 2009 in Writ Petition No.68 of 2009 (The Peoples Edu. So, Amravati .vs. The Education Officer (Secondary), Z.P. Amravati and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & A.P.Bhangale, JJ. Date : 09/10/2009. Heard Mr. C. V. Kale, Adv. for petitioner, Mr. S. J. Jichkar, Assistant Government Pleader for respondent no.1 and Mr.K.H.Deshpande, learned Senior Counsel for applicant/Intervenor. Civil Application No.2075 of 2009 is moved by the applicant for intervention. Considered the contentions canvassed by the respective parties. The Civil Application is allowed. MISC.CIVIL APPLICATION NO.564/2009 Heard Mr. Kale, Adv. for applicant, Mr.Jichkar, Assistant Government Pleader for Respondent No.1 and Mr.K.H.Deshpande, learned Senior Counsel for intervenor.Considered the contentions canvassed by the respective counsel. Present Misc. Civil Application is for review of the order dt. 910mca564.09.odt 2 . 21.4.2009 passed by this Court whereby Writ Petition No.68 of 2009 came to be disposed of. Mr. Kale, Adv. for review petitioner has submitted that the school run by petitioner-Society i.e. National Girls Urdu High School, Mujaffarpura, Amravati is a minority institution recognized by the State Government as a minority institution. It is further contended that the Minority Development Department issued a Government Resolution dt. 4.7.2008 pursuant to which the People’s Education Society, Pathan Chowk, Amravati has obtained necessary Minority Institution Certificate from the Minority Development Department of the State Government which is placed on record by the review petitioner. It is, therefore, contended that, the institution i.e. the school, being a minority institution, it is the right of the Management to choose the head of the institution. It is, therefore, contended that, as per the order dt. 21.4.2009, a direction is given to the Education Officer to grant financial and administrative powers to the next seniormost teacher to sign and forward the salary bills of the teaching and non-teaching staff to the Education Officer for necessary disbursement. Counsel for review petitioner has contended that this position has not been disputed by the learned counsel for the State. Mr. Jichkar, Assistant Government Pleader has not disputed the fact that the school is a minority institution and has been granted 910mca564.09.odt 3 . necessary certificate by the Minority Development Department pursuant to the Government Resolution dt. 4.7.2008. It is further contended by the Assistant Government Pleader that the status of school in question being a minority institution is not in dispute at all. Mr. K. H. Deshpande, learned Senior Counsel has submitted that, in the earlier Writ Petition, there was no issue about the minority institution nor about its declaration and therefore, there is no occasion to reconsider the same in this review petition. Be that as it may, in the instant review petition, it is not at all in dispute that the institution in question is a minority institution which has been granted certificate by the State Government. The Assistant Government Pleader has not disputed this fact at all. It is also not in dispute that the minority institution has a right to appoint a person of their choice as a head of the institution, in accordance with law. In that view of the matter, present review petition is disposed of. JUDGE JUDGE jais