1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4716 OF 2009 Late Shankarraoji Ghanwat Education Society, Through its Secretary Babasaheb s/o Shankarrao Ghanwat, Age : 37 years, Occu.Secretary, R/o New Vishalnagar, Opposite CADA Office, Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra (Through its Secretary, Department of Primary Education) Mantralay, Mumbai-32 2. The Director of Education (Primary), State of Maharashtra, Pune-1 3. The Dy. Director of Education (Primary) Division, Aurangabad 4. The Education Officer (Primary), Zilla Parishad, Aurangabad ..RESPONDENTS Mr V.A. Bagal, Advocate for the petitioner; Mr K.B. Choudhary, AGP for respondents no.1 to 3. 2 CORAM: P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 22nd JULY, 2009 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. No relief has been claimed against respondent no. 4 and, therefore, we do not consider it necessary to issue any notice to respondent no.4. 3. Undisputedly the petitioner submitted his proposal for opening of primary school on 10th May, 2008. According to the petitioner, the proposal which was submitted by the petitioner was forwarded by respondent no.4 Education Officer (Primary) to the other respondents and presently the proposal is pending consideration with respondent no.1. In the light of the said statement, we are inclined to allow this petition and direct respondents to decide the proposal of the petitioner, if pending, in accordance with law. 4. Accordingly, this petition is allowed and respondent no.1 is directed to decide the proposal of the petitioner, if pending, within three months from today and to communicate the decision thereon to the 3 petitioner. Rule is thus made absolute on the above terms with no order as to costs. [ A.V. POTDAR, J ] [ P.V. HARDAS, J ] amj/wp4716.09 4