WP 2292/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.2292/2011 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri Abhaya R. Rathod, Advocate for petitioner. Shri S.K. Kadam, AGP for respondent nos.1 to 3. CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. Date: 29.03.2011 Heard learned counsel for the respective parties. Learned counsel for the petitioner does not press the main prayer and seeks relief as prayed for in the alternative. The relief prayed in the alternative reads thus: "Kindly direct the respondents no.1 to 4 to WP 2292/11 2 consider the proposal for grant of permission to the petitioner - society to run new Urdu Medium Primary School at village Sarkhani Tq.Kinwat Dist.Nanded by issuing writ of mandamus, or order or direction in the nature of writ of mandamus and for that purpose issue necessary orders." There is no dispute that the petitioner's proposal for starting on permanent non grant basis a primary Urdu medium school at village Sarkhani Tq.Kinwat Dist.Nanded, has been rejected by the District committee. It is not clear whether the proposal is forwarded further to the State level committee. Shri S.K. Kadam, learned AGP submits that it is always open to the State level committee to either agree with the recommendations made by the District committee or to take a view other than the one taken by the District committee. He submits that usually every proposal requires to be placed before both the committees. However, he is not sure whether the petitioner's proposal is forwarded to the State level committee. Having considered the WP 2292/11 3 prayer made in the writ petition so also the annexures and the submission made by learned AGP, we are satisfied that this petition can be conveniently disposed of by the following order. It is open to the District level committee to forward the proposal to the State level committee. If they decide to do so, they should forward it as expeditiously as possible and preferably within a period of four weeks from the date of receipt of this order. If for any reason, the District level committee is of the opinion that forwarding of such proposal to the State level committee is not a requirement in law, they may communicate their decision to the petitioner immediately thereafter. If the petitioner's proposal is forwarded to the State level committee, we hope that the State level committee shall decide the petitioner's proposal expeditiously and the Government shall also communicate their decision taken on the basis of the District and the State level committees on the WP 2292/11 4 petitioner's proposal, immediately thereafter. With these observations, the petition is disposed of. (M.T. Joshi, J.) (D.B. Bhosale, J.) Dt/- 29.03.2011 ndk/c2931112