1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5107 OF 2009 Md. Khaja Education & Welfare Society, Umar Colony, Deglur Naqka, Nanded 431 604, Through it's Secretary Md. Rafeeq s/o Md. Khaja, age 33 years, Occupation : Kazi ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai - 32 2. The Director of Education (Primary), Central Building, Pune - 30 3. The Commissioner, Municipal Corporation, Nanded - Waghala, Nanded 4. The Chief Executive Officer, Zilla Parishad, Nanded 5. The Education Officer (Primary), Zilla Parishad, Nanded ..RESPONDENTS Dr. Shrikant Patil, Advocate for the petitioner; Mr S.V. Kurundkar, Addl. G.P. for respondents no.1 & 2; Mr M. V. Deshpande, Advocate for respondent no.3; Mr V.S. Panpatte, Advocate for respondents no.4 & 5. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 16th April, 2010 2 ORAL JUDGMENT ( PER GANGAPURWALA, J ) Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By the present petition under Article 226 of the Constitution of India the petitioner prays that the respondents be directed to consider petitioner's proposal dated 12.5.2008 for opening Urdu medium primary school at Millat Nagar, Nanded on permanently non-grant basis. 3. In view of the fact that a limited prayer is made and that the proposal of the petitioner is pending since 12.5.2008, we direct the respondents to consider and decide the said proposal on its own merits, in accordance with law, within a period of three months from today and communicate the decision thereon to the petitioner. 4. Rule made absolute in above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5107.09