(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7292 OF 2005 Late Sow. Kalawati C. Thoke Adarsh Shikshan Prasarak Mandal, Aurangabad, Through its Secretary, Bhausaheb s/o. Dadarao Nisargandh, Age : 33 years, Occupation : Teacher, R/o. Galli No. 3, New Hanumannagar, Garkheda Parisar, Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai-32. 2. The Education Officer (Secondary), Zilla Parishad, Aurangabad. .. Respondents. ....................... Mr. Pradeep Deshmukh, Advocate, holding for Mr. V.B. Tayde and Mr. R.B. Holkar, Advocates, for the petitioner. Mr. K.B. Chaudhary, Assistant Government Pleader, for the respondents. ........................ (2) CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 9TH FEBRUARY 2010 COURT'S ORDER : 1. According to the petitioner, by name, "Late Sow. Kalawati C. Thoke Adarsh Shikshan Prasarak Mandal, Aurangabad", the petitioner had submitted a proposal seeking permission to open a secondary school in Marathi medium, to the respondent no.2, along with the necessary fees, etc., in January 2003. By this petition, the petitioner is seeking writ of mandamus with a view to command the respondent no.1 from taking a decision on the said proposal. 2. An affidavit in reply has been filed bringing to the notice of this court, the change in the policy in regard to the grant of permission to open new Marathi medium schools. The last Government Resolution which holds the field is dated 20th July 2009. 3. Having regard to the change in the policy, we do not propose to entertain this petition, mainly for the reason that there has occasioned delay and the policy decision of the State, touching the issue, having undergone a change. (3) 4. In the result, we dispose of the petition with the following observations : We permit the petitioner to make appropriate application to the Government, in tune with the Government Resolution dated 20th July 2009. If such an application is moved, we have no iota of doubt, that the State Government shall consider the same in accordance with its policy in the matter of grant of permission to open a secondary school. We hope and trust, if such an application is moved by the petitioner, the State Government shall take appropriate decision in accordance with law, as expeditiously as possible, and preferably before the commencement of next academic session. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/wp7292