1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7997 OF 2009 Kai. Nagojirao Satkar Shikshan Sanstha, Jalna (Through its President, Baburao Nagojirao Satkar, Age : 63 years, Occ.Agriculture, R/o Satkar Nagar, Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai-32 2. The Director of Education (School Education), M.S., Mumbai 3. The Deputy Director of Education, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Jalna ..RESPONDENTS Mr V.R. Bhumkar, Advocate holding for Mr S.B. Talekar for the petitioner; Mr S.K. Tambe, A.G.P. for respondents no.1 to 4. 2 WITH WRIT PETITION NO.2745 OF 2010 Shivraj Bahuuddeshiya Sevabhavi Prathisthan Dhorgaon, Taluka Madalgaon, District Beed, Through it's President Shri Balasaheb s/o Sheshrao Abuj, Age 39 years, Occu.Socialwork, R/o Ambad Road, Jalna, Taluka and District Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Fort, Mumbai - 32 2. The Director of Education, Maharashtra State, Pune 3. The Deputy Director of Education, Aurangabad Division, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Jalna ..RESPONDENTS Mr R.R. Imale, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents. WITH WRIT PETITION NO.3731 OF 2010 3 Sant Ramdas Shikshan Prasarak Mandal, Dhamangaon, Tq. Badnapur, Dist. Jalna, Through it's President Shri Balaji s/o Shamrao Chavan, Age 35 years, Occu. Service, R/o Dhamangaon, Tq. Badnapur, District Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Fort, Mumbai - 32 2. The Director of Education, Maharashtra State, Pune 3. The Deputy Director of Education, Aurangabad Division, Aurangabad 4. The Education Officer (Primary), Zilla Parishad, Jalna ..RESPONDENTS Mr R.R. Imale, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondents no.1 to 3. WITH WRIT PETITION NO.3765 OF 2010 Aaie Prathisthan Jalna, Through it's President Bhaskar s/o Ramrao Deshmukh, Age 41 years, Occu. Social service R/o At Post Antarwala, Taluka District Jalna ..PETITIONER VERSUS 4 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Fort, Mumbai - 32 2. The Director of Education, Maharashtra State, Pune 3. The Deputy Director of Education, Aurangabad Division, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Jalna ..RESPONDENTS Mr R.R. Imale, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents. WITH WRIT PETITION NO.3951 OF 2010 Sant Ramdas Shikshan Prasarak Mandal, Dhamangaon, Tq. Badnapur, Dist. Jalna, Through it's President Shri Balaji s/o Shamrao Chavan, Age 35 years, Occu. Service, R/o Dhamangaon, Tq. Badnapur, District Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Fort, Mumbai - 32 2. The Director of Education, Maharashtra State, Pune 3. The Deputy Director of Education, Aurangabad Division, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Jalna ..RESPONDENTS 5 Mr R.R. Imale, Advocate for the petitioner; Mr S.V. Kurundkar, Addl. G.P. for respondents. WITH WRIT PETITION NO.3952 OF 2010 Sant Ramdas Shikshan Prasarak Mandal, Dhamangaon, Tq. Badnapur, Dist. Jalna, Through it's President Shri Balaji s/o Shamrao Chavan, Age 35 years, Occu. Service, R/o Dhamangaon, Tq. Badnapur, District Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya, Fort, Mumbai - 32 2. The Director of Education, Maharashtra State, Pune 3. The Deputy Director of Education, Aurangabad Division, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Jalna ..RESPONDENTS Mr R.R. Imale, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondents WITH WRIT PETITION NO.4058 OF 2010 6 Lal Bahadoor Shastri Shikshan Prasarak Mandal, Renuka Nagar, Latur, Tq. and Dist. Latur Through its Secretary/President, Gunderao s/o Vishambar Mane, Age : Major, occu. Secretary of Lal Bahadoor Shastri Shikshan Prasarak Mandal, Renaka Nagar, Latur, Tq. and Dist. Latur ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai - 32 2. The Director of Education (School Education), M.S. Mumbai 3. The Deputy Director of Education, Aurangabad 4. The Education Officer (Primary), Zilla Parishad, Latur ..RESPONDENTS Mr G.V. Mohekar, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents no.1 to 3. WITH WRIT PETITION NO.4064 OF 2010 Sant Gadge Baba Seva Bhavi Sanstha, Ambulga (Bk), Tq. Nilanga, Dist. Latur Through its Secretary/President, Sanjay s/o Ramrao Gavhane, Age : Major, Occu. Secretary of Sant Gadge Baba Seva Bhavi Sanstha, Ambulga (Bk), Tq. Nilanga, Dist. Latur ..PETITIONER 7 VERSUS 1. The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai - 32 2. The Director of Education (School Education), M.S. Mumbai 3. The Deputy Director of Education, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Latur ..RESPONDENTS Mr G.V. Mohekar, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondents WITH WRIT PETITION NO.4071 OF 2010 Sant Tukaram Bahuuddeshiya Seva Bhavi Sanstha, Musalewadi, Tq. Renapur, Dist. Latur, Through its President, Shivaji s/o Keshavrao Jadhav, Age : Major, Occu. President of Sant Tukaram Bahuuddeshiya Seva Bhavi Sanstha, Musalewadi, Tq. Renapur, Dist. Latur ..PETITIONER VERSUS 8 1. The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai - 32 2. The Director of Education (School Education), M.S. Mumbai 3. The Deputy Director of Education, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Latur ..RESPONDENTS Mr G.V. Mohekar, Advocate for the petitioner; Mr S.K. Kadam , A.G.P. for respondents WITH WRIT PETITION NO.4080 OF 2010 Shivraj Bahuuddeshiya Sevabhavi Prathishthan, Dhorgaon, Taluka Madalgaon, District Beed, Through it's President Shri Balasaheb s/o Sheshrao Abuj Age 42 years, Occu. Socialwork, R/o Satkarnagar, Ambad Road, Jalna, Taluka and District Jalna ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of School Education Mantralaya, Fort, Mumbai - 32 9 2. The Director of Education Maharashtra State, Pune 3. The Deputy Director of Education, Aurangabad Division, Aurangabad 4. The Education Officer (Secondary), Zilla Parishad, Jalna ..RESPONDENTS Mr R.R. Imale, Advocate for the petitioner; Mr K.J. Ghute Patil, A.G.P. for respondents WITH WRIT PETITION NO.4089 OF 2010 Sant Samajeek Vikas Mandal Latur, Tq. & Dist. Latur Through its President, Sudam s/o Vasantrao Pawar, Age : Major, Occu. President of Sant Samajeek Vikas Mandal Latur, Tq. & Dist. Latur ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai - 32 2. The Director of Education (School Education), M.S. Mumbai 3. The Deputy Director of Education, Aurangabad 10 4. The Education Officer (Secondary), Zilla Parishad, Latur ..RESPONDENTS Mr G.V. Mohekar, Advocate for the petitioner; Mr S.K. Kadam , A.G.P. for respondents WITH WRIT PETITION NO.4086 OF 2010 Jeevan Rekha Pratisthan, Through its Secretary, Dr. Kalyan Shivajirao Sakhare, Age-42 year, Occu. Social Work, R/o Dhanora (B), Tq. Ahemadpur, Dist. Latur ..PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Education & Sports Department, Mantralaya, Mumbai - 32 2. The Chief Executive Officer, Zilla Parishad, Latur 3. The Education Officer (Primary), Zilla Parishad, Latur ..RESPONDENTS Mr V.H. Solanke, Advocate for the petitioner; Mr K.G. Patil, A.G.P. for respondent no.1; Respondents no.2 & 3 deleted. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 4th May, 2010 11 ORAL JUDGMENT [ PER P.V.HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties these petitions are heard finally at the stage of admission. 2. Since in all these petitions the grievance of the petitioners is similar, all these petitions are being decided by this common judgment. 3. The policy decision of the Government i.e. not to grant permission for opening of primary and secondary schools in Marathi medium was subject-matter of challenge before the Division Bench of this Court in Writ Petition No.345 of 2010. The Division Bench by its judgment dated 8.4.2010, in Asha Sevabhavi Sanstha vs. State of Maharashtra & ors., quashed and set aside the said decision and directed the Government to decide the proposals for opening of new primary/secondary schools in Marathi medium afresh, in accordance with law, by 31st May, 2010. In the light of the aforesaid directives, the learned A.G.P. states on instructions that the proposals of the petitioners would be decided afresh in accordance with law by 31st May, 2010 and the decision thereon would be communicated to the petitioners. 12 4. We thus make Rule absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp7997.09