1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 819 of 2011 Chouliwar Education Society ..VERSUS.. State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H. D. Marathe, Advocate for the petitioner Mr. K. L. Dharmadhikari, A. G. P. for respondent nos.1 to 3. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : 2nd August, 2011. Heard the learned counsel for the parties. By this petition, the petitioner seeks a writ, order or direction for quashing and setting aside the order passed the respondent no.3- Education Officer (Secondary), Zilla Parishad, Nagpur rejecting the proposal of the petitioner for opening a new Higher Secondary School/Junior College, on the ground that there was no proof that the financial condition of the petitioner institution was sound. The petitioner seeks a further direction to the respondent no.1 to consider the proposal of the petitioner society for starting a new junior college within a stipulated period. Mr. K. L. Dharmadhikari, the learned Assistant Government Pleader appearing on behalf of the State submitted that the respondent no.3- Education Officer (Secondary), Zilla Parishad, Nagpur has communicated that a meeting of the Members of the District Level Committee was called on 25/7/2011 and it was unanimously decided that the proposal of the petitioner be forwarded with recommendation to 2 the State Level Committee for further action. It is also observed in this communication that the petitioner had a bank balance of more than Rs. 44,000/- and since the said amount exceeds the amount of Rs.30,000/-, which is the requisite amount, the District Level Committee had approved the proposal of the petitioner at their level. It is, thus, apparent from the communication issued by the Education Officer (Secondary), Zilla Parishad, Nagpur to the Government Pleader on 27.07.2011 that the proposal of the petitioner is favourably considered by the District Level Committee and the same is being forwarded with proper recommendations to the State Level Committee on 25.07.2011 for further action. In view of this communication, the impugned order dated 10.10.2008 stands eclipsed as it is observed in the order that there is no proof in regard to the financial condition of the petitioner-institution. The grievance of the petitioner stands redressed in view of the statement made by the learned Assistant Government Pleader on the instructions from the Education Officer (Secondary), Zilla Parishad, Nagpur. The writ petition is, therefore, disposed of with no order as to costs. The State Level Committee is directed to process the proposal of the petitioner as early as possible. JUDGE JUDGE Diwale