1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4164 OF 2009 1) Chetna Education Society, Kholeborgaon, Tq. Biloli, Dist. Nanded, Through its Secretary, Shri Babarao s/o Jamanaji Embadwar, Age : 52 years, Occu.Agri. & Social worker, R/o Kholeborgaon, Tq. Biloli, Dist. Nanded 2) Madhyamic Ashram School, Dagdapur (Biloli), Tq. Biloli, Dist. Nanded ..PETITIONERS VERSUS 1) The State of Maharashtra Through its Principal Secretary, Social Justice, Cultural Activities, Sports and Special Assistant Department, Maharashtra State, Mantralaya, Mumbai-32 2) The Director of Vimukta Jati & Nomadic Tribe, Other Backward Class & Special Backward Category, Welfare, Maharashtra State, Pune 3) The Special District Social Welfare Officer, Nanded, Dist. Nanded ..RESPONDENTS Mr V.D. Gunale, Advocate for the petitioners; Mr N.N. Jadhav, A.G.P. for respondents. 2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 31st August 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. Though by this petition under Article 226 of the Constitution of India the petitioners vide prayer clause (C) pray for issuance of a writ directing the respondents to grant permission to the petitioners to open and run junior college as per the proposal submitted by the petitioner no.1 dated 17.7.2007, we are not inclined to grant the aforesaid prayer as we are informed that the proposal submitted by the petitioner no.1 dated 17.7.2007 for upgradation of the Ashram school by allowing the petitioner to open 11th and 12th standards is pending consideration with the respondents. We, however, grant liberty to the petitioners to urge for this relief in the event the decision of the respondents in respect of the proposal of the petitioners is adverse to the petitioners. 3 3. Since the proposal of the petitioners dated 17.7.2007 is pending consideration with the respondents, we direct the respondents to decide the proposal of the petitioners for upgradation of the Ashram School for allowing the petitioners to open 11th and 12th standard classes within four months from today and communicate the decision thereon to the petitioners. 4. Rule is thus made absolute on the above terms with no order as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4164.09 4