wp5449.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5449 OF 2010 Al Hilal Minority Educational and Social Welfare Institution and another ...Petitioners Versus The State of Maharashtra and others ...Respondents ..... Mr. D.S. Bagul, advocate for the petitioners Mr. N.B. Patil, A. G.P. for respondent Nos.1 and 2 Mr. V.R. Sonwalkar, advocate for respondent No.3 ..... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 29TH JUNE, 2011 PER COURT:- 1 The present petition is similar to the writ petition No. 5442 of 2010. The petitioners have been refused permission to a start Primary school in Urdu medium at Mahalshi, Tq. Sengaon, District Hingoli. The District Level Committee recommended the petitioners’ case. However, the State Level Committee has denied the permission on the ground that the petitioners had not disclosed any information regarding schools in the vicinity and the number of students enrolled. wp5449.10 -2- 2 We have perused the proposal submitted by the petitioners and it is apparent that the petitioners have clearly mentioned that there is no primary Urdu medium school run by the Zilla Parishad in the vicinity. Insofar as the ground in respect of strength of the students enrolled is concerned, we do not find any reason for the State Level Committee to refuse the recommendation on this count. The students could not have been admitted to the school unless the permission to start the school was granted to the petitioners. 3 Accordingly, we set aside the impugned order dated 25.2.2010, which does not mention whether or not the State Level Committee has recommended the petitioners’ case. 4 The respondents will consider the proposal submitted by the petitioners afresh, within eight weeks from today. 5 The petition is disposed of, accordingly. ( M. T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) rlj/