: 1 : caw-1089-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1089 OF 2011 IN WRIT PETITION NO. 8999 OF 2010 Maulana Abdul Kalam Azad .. Applicant / Charitable Trust Petitioner v/s. The State of Maharashtra & Ors. .. Respondents ......... Mr. S.G. Kundle for the applicant / petitioner Mr. C.R. Sonawane, AGP for respondent nos. 1 and 2. Mr. Haribhau Deshinge i/b Nitin Jamdar for respondent no.3 ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 20th JUNE 2011. P.C. : 1. The petitioner has moved this application after the order was passed on 2nd May, 2011, in which the Court has considered the request of the petitioner to allow the petitioner to continue to run the existing School, so as to accommodate the students who are interested in continuing in the petitioner’s school. The said order clearly records that such request cannot be acceded to in respect of unrecognized school. More so, because the students of the petitioner’s school are : 2 : caw-1089-11=.doc directed to be accommodated in the neighbouring school. The argument of the applicant, today, before us is that there is no recognized Urdu Medium School in the vicinity of around 11 kms. from the present school. This is a matter which needs to be considered by the appropriate Authority. The fact remains that the petitioner’s school is unrecognized school and the relief which is now claimed in the present application, if granted, it would be endorsing the position that even unrecognized school can be allowed to be operated. The petitioner is free to make representation to the appropriate Authority for such other options, as may be permissible in law. The appropriate Authority is free to consider whether the Madrssa / Maktab School can operate even though it is unrecognized school. 2. Our attention was invited to the Circular issued by the Maharashtra Prathamik Shikshan Parishad dated 13th September, 2010. Relying on clause 5 thereof, it was contended that even this Circular recognises the position that if the children / parents of unrecognized school are not inclined to shift to recognized school, they would be free to pursue their education in Madrssa / Maktab School. This may be the policy of the Maharashtra Prathamik Shakshan Parishad. Respondent no.3 has to abide by the provisions of law, which in no uncertain terms, provide that no unrecognized school shall be allowed to be operated. : 3 : caw-1089-11=.doc Thus, the prayer in the present application for allowing the petitioner Management to continue the classes of first to sixth standards in Madrssa / maktab school from the academic year 2011-2012, will have to be rejected. 3. Ordered accordingly. 4. In the circumstances, application is disposed of. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)