1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETIITON NO.7000 OF 2010 Shifa Welfare Education and Cultural Society,Nanded. .. Petitioner Versus The State of Maharashtra and others. ..Respondents ... Shri S.B.Talekar,Advocate for petitioner Shri S.K.Kadam,AGP for Respondent-State. .... CORAM : NARESH H. PATIL AND T.V.NALAWADE, JJ. DATE : 7th OCTOBER 2011 PER COURT 1] Heard. The petitioner had earlier approached this Court for opening of Urdu school for the academic year 2008-09. Writ Petition No.7871/2009 was disposed of by an order dated 8/6/2010. The petitioner’s contention is that proposal was also filed for the year 2010-11. In the year 2008-09, petitioner’s proposals were recommended. It is submitted that by a communication dated 17/7/2010, the proposal was accepted. 2] The learned counsel for the petitioner has placed on record copy of 2 order passed by Full Bench [Coram : D.K.Deshmukh, Anoop V. Mohta and K.K.Tated,JJJ]. We have perused the order passed by the Full Bench on 5/5/11, 9/6/11 and 15/7/11. The learned counsel for the petitioner submits that the observations of the Full Bench in para no.2 of the order dated 9/6/11 is not correct and is against principle of judicial review, basic structure of the Constitution of India. The counsel therefore, urged this Court to take notice in respect of the observation made by Full Bench in para no.2 of the said order. 3] The learned counsel further submits that in the light of affidavit in reply filed by Shri Shaikh Ismail, Science Consultant in the office of Deputy Director of Education, Latur Region, Latur, the master plan is already prepared and the Government shall take decision in respect of the petitioner’s proposal. 4] The learned A.G.P. Shri Kadam submits that in the light of the issues raised before the Full Bench, the master plan is prepared in respect of grant of school. T he master plan and the rules are placed before the Cabinet for necessary decision, however, the Cabinet has not taken decision. 5] The learned counsel for the petitioner submits that now the master plan is ready. The learned counsel has placed on record a copy of Government Resolution dated 11/7/2011. 6] In respect of the contention of the learned counsel regarding observations made by Full Bench in para 2 of the said order, we observe that 3 it would not be appropriate for this Court to observe regarding the same. 7] On merits, in the light of Government Resolution dated 11/7/2011, the State is entitled to take decision in accordance with law in respect of the proposals which would be called and received by the State. If proposals are invited then, the petitioner is entitled to file a fresh proposal again. In case a fresh proposal is filed, the State shall consider the same on its own merits and communicate the decision within eight weeks from the date of receipt of proposal. With these observations, the Petition is disposed of. (T.V.NALAWADE,J. ) (NARESH H. PATIL,J. ) umg/wp7000-10