1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 4084 OF 2009 The Purna Shikshan Samiti, Purna, Taluka & Dist.Parbhani, Through its President, Gopal s/o Balaprasadji Ajmera, Age 55 years, Occu.President, R/o As above .. Petitioner Versus 1. The State of Maharashtra through the Secretary for School Education, Mantralaya, Mumbai 2. The Education Officer, Zilla Parishad, Parbhani, District Parbhani .. Respondents Shri K.B.Jadhav, Advocate holding for Shri P.S.Pawar, Advocate for petitioner Shri S.K.Kadam, AGP for respondent No.1 CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ DATE : 2nd JULY 2009 2 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. Pursuant to an advertisement which came to be issued by the Government inviting applications for permission to open Higher Secondary school (Junior College), the petitioner submitted the application/proposal through the respondent – Education Officer. The aforesaid application/proposal came to be forwarded to the respondent No.1 – Government and according to the petitioner, the said application/proposal is pending consideration by the Government. In the light of the fact that respondent No.2 was only the forwarding agency in respect of those applications and the application is pending consideration with the respondent No.1, we do not consider it necessary to issue any notice to respondent No.2 as the alternate relief which the petitioner has prayed for is against respondent No.1 3. Since the application is pending consideration before the respondent No.1, we allow this petition and direct the respondent No.1 to decide the application/proposal submitted by the petitioner, in accordance with law, if not decided within a period 3 of eight weeks from today and communicate the decision thereon to the petitioner. 4. Rule is thus made absolute on the terms indicated above with no order as to costs. ( R.K.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4084.09wp 4