1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6876 OF 2007 Urdu Shikshan Prasarak Mandal, Nagapur Tq. Kannad Dist. Aurangabad. Petitioner V E R S U S The State of Maharashtra and others. Respondents. Shri N.S. Kadam, Advocate for the petitioner. Shri Ghatge AGP for the respondent 1 to 4 Shri A.R. Nikam advocate for R­5. CORAM : S.B.DESHMUKH & K.U. CHANDIWAL, JJ. DATE : 30TH AUGUST, 2010. PER COURT :­ 1. We have heard learned counsel for respective parties. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. The petitioner approached to this Court with following prayers. 2 A. This Writ petition may kindly be allowed. B. The Government’s order dated 31.7.2006, informing cancellation of permission granted to the petitioner institution to run Higher Secondary School may kindly be quashed and set aside. C. Pending the hearing and final disposal of this writ petition, the Government’s order dated 31.7.2006, informing cancellation of permission granted to the petitioner institution to run Higher Secondary School may kindly be stayed. D. Pending the hearing and final disposal of this writ petition, the petitioner may kindly be allowed to continue the Higher Secondary School. E. Any other just and equitable relief to which the petitioner found entitled be granted. 3. This petition appears to have been filed by the petitioner on 28.11.2007. Notice was issued by this Court on 1.1.2008. Interim relief in terms of prayer clause 'C' was granted by this Court by order passed on 13.2.2008. 4. Advocate appearing on behalf of the petitioner took us to the order impugned. this order appears to have been passed by the Education Officer, Secondary Zilla Parishad, Aurangabad. Annexure 'B' is copy of the order. It is dated 31.7.2006. In this order, order passed by this Court at Nagpur in Writ Petition No.2897/2006 has been mentioned. In view of the said order it has been now ordered by 3 the Education Officer that permission granted in favour of the petitioner for running secondary school has been cancelled. 5. Counsel appearing for the petitioner makes available copy of the order passed by this Court in Writ Petition No.5831/2007. It is marked by letter 'x' for identification. It is taken on record. Several writ petitions were filed before this Court by aggrieved management challenging similar orders which is challenged in this writ petition Exh.'B'. It is a matter of record that order passed by this Court at Nagpur in writ petition No.2897/2006 was challenged by filing Special Leave Petition before the Honourable Supreme Court. One of the Civil Appeal No.1105/2008 was filed before the Honourable Supreme Court Superstar Education Society vs. State of Maharashtra and others. Honourable Supreme Court in that civil appeal after hearing the parties quashed and set aside the order passed by this Court at Nagpur dated 16.1.2008. Thus, sole basis for Education Officer for passing order impugned now has been upset by the Honourable Supreme Court. Counsel before the Court have consensus on this point. In this view of the matter, this writ petition can be allowed in terms of prayer clause 'B'. 4 6. Writ Petition allowed in terms of prayer clause 'B' and disposed of. No order as to costs. Rule made absolute in above terms. ( K. U. CHANDIWAL ) ( S. B. DESHMUKH ) JUDGE JUDGE ..... aaa/6876.07