1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5282 OF 2009 Aadarsh Shikshan Mandal Through its Executive President Sudhir Keshavrao Patil Age: 48 Yrs., occu. Service, r/o Tambari Vibhag, Osmanabad. - PETITIONER VERSUS 1) The Chief Secretary State of Maharashtra Mumbai. 2) The State of Maharashtra Through the Secretary of Women and Child Development Department, Mantralaya, Mumbai. 3) The Commissioner, Office of Women and Child Development, 3, Church Rd., Pune-1. 2 4) Bajirao R. Jadhav Age: Major, occu. Commissioner of Women and Child Development 3, Church Road, Pune-1. - RESPONDENTS ***** Mr.AS Bayas, Advocate for Petitioner; Mr.SK Tambe,AGP for State. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 27th NOVEMBER, 2009. JUDGMENT (PER: K.U.CHANDIWAL,J.) 1) Rule. Rule made returnable forthwith. Heard finally. 2) The petitioner, an educational institution, wanted to provide facility to orphan children to achieve the object of legislature, has applied the Government for starting Balakashram. 3) The grievance of the petitioner is, having fulfilled the requisite details to start the Balakashram and having all feasibilities to do so, and even the District Women and Child Development Officer having recommended the 3 proposal, the Respondent nos.3 and 4 have not granted the final permission/recognition to the petitioner, nor there is any communication to highlight any deficiencies in the proposal. 4) We quite see that the Respondent nos.3 and 4, should have decided the recommendation of District Women & Child Development Officer and should have considered the request of the petitioner on its own merits. However, the matter is wanting decision. The request of the petitioner for early disposal of the representation is not unjust. Hence, we direct the Respondent nos. 3 and 4 to take a decision in respect of the proposal moved by the petitioner for commencing new Balakashram, within two months from the date of receipt of the order, exclusively on its own merits, uninfluenced by the present petition. 5) Rule made absolute in the above terms. sd/- sd/- (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp5282.09 Authentic copy (BD VADNERE,PS)