(1) wp736-3743-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 736 OF 2011 Shri Durgamata Bahu-uddeshiya Sports and Educational Institutions PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS WITH WRIT PETITION NO. 3743 OF 2011 Shri Baliraja Shikshan Sanstha, Someshwar PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. V.D. Hon, advocate for the Petitioner in Writ Petition No. 736/2011. Mr. S.U. Jaigude, advocate holding for Mr. C.K. Shinde, advocate for the petitioner in Writ Petition No. 3743/2011. Mr. S.K. Tambe, A.G.P. for the Respondent-State in both the Writ Petitions. Mr. S.B. Talekar, advocate for the Respondent No. 5 in Writ Petition No. 736/2011 and for the Respondent No. 4 in Writ Petition No. 3743/2011. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 26th AUGUST, 2011 ORAL ORDER: 1. Both these petitions challenge the order dated 20th October, 2010, passed by the Respondent (2) wp736-3743-11 No. 1 whereby the permission is granted to the respondent - Shri Sai Pratishthan, Loha to start Girls Military School at village Sunegaon, Tq. Loha. 2. The Government had invited the proposals for opening Girls Military School in Nanded Region. The petitioners as well as the aforestated respondent - Pratishthan and 22 other Institutions had applied for the said purpose. Initially, the Committee as constituted under the Govt. Resolution dated 26th October, 1995 had found that the petitioners had secured 67 marks whereas the respondent in whose favour now allotment is being done, has secured 45 marks. However, it appears that the Government thereafter directed the said Committee to re-evaluate the proposals after fresh inspection. Though there are certain allegations by the petitioners that this was done at the behest of the then Hon'ble Chief Minister. We do not want to go into that aspect of the matter in view of the order that we now propose to pass. 3. The impugned order would reveal that the same does not give reasons as to why it has been (3) wp736-3743-11 found that the Respondent - Shri Sai Pratishthan, Loha is entitled to be given the permission to start the Girls Military School. It would further be seen that an opportunity of hearing was not given to the concerned parties to represent their respective case before the order impugned was passed. 4. The petitioners as well as the aforestated respondent - Pratishthan have filed purshis on record stating therein that in the interest of justice, they do not have objection if the impugned order is quashed and set aside and the Committee as constituted under the Govt. Resolution dated 26th September, 1995 be directed to re-inspect the facilities of the applicants and thereafter, pass the orders after hearing all the applicants. 5. We, therefore, pass the following order : (i) The impugned order dated 20th October, 2010 is quashed and set aside. (ii) The Committee as constituted as per Government Resolution dated 26th September, 1995 shall re-visit the proposed Schools/Institutions and (4) wp736-3743-11 do the evaluation of the facilities available with all the applicants in accordance with the parameters laid down in the Circular dated 27th July, 2010. It is, however, made clear that when the inspection of the facilities available with the Institutions/ Schools of the applicants will be carried out by the Committee, the presence of the persons of the Committee at Serial Nos. 3 and 4 shall be mandatory, inasmuch as these are the persons who are experts in the field of Military Education. The said Committee shall complete the inspection as far as possible within a period of three months from today. (iii) It is further directed that the said Committee shall give an opportunity of hearing to all the applicants. (iv) After the Committee inspects the facilities and hears the parties, the Committee shall also record its reasons for the evaluation that would be carried out by it. It is further directed that after the said Committee submits its report to the Government, the Government shall pass an order allotting the Girls Military School to the applicant (5) wp736-3743-11 who has secured highest marks as per the evaluation of the facilities. (v) With the above directions, both the Writ Petitions are disposed of. 6. In view of disposal of the Writ Petitions, Civil Application No. 6259/2011 (in Writ Petition No. 736/2011) does not survive and hence, stands disposed of accordingly. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp736-3743-11