(1) WP. 6850.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6850 OF 2009 Priyadarshani Vikas Mandal, Kalamb, through its Secretary PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. R.D. Bhalerao, Advocate for the Petitioner. Mr. S.V. Kurundkar, Addl. G.P. for the Respondent-State. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 30TH JUNE, 2011 ORAL ORDER:- 1. The petitioner is an educational institution, which desired to start a Marathi medium school in Taluka Kalamb. The proposal submitted by the petitioner to start the school on 12.5.2008 was rejected by the State. It appears that one of the reasons for rejecting the proposal was that the State had decided not to permit any new Marathi medium school to start functioning till the master-plan for education in the State takes shape. The Government Resolution was issued on 20th July, 2009 to that effect. (2) WP. 6850.2009 2. That Government Resolution dated 20th July, 2009 was challenged in a bunch of Writ Petitions before this Court. The Division Bench of this Court in case of "Asha Seva Bhavi Sanstha, Solapur Vs. State of Maharashtra and ors." 2010(3) All.M.R. 536 has declared this Government Resolution to be illegal and unconstitutional. 3. The learned Advocate for the petitioner therefore submits that since the Government Resolution has been declared unconstitutional, the reason for disallowing the petitioner to start a Marathi medium school on a permanent no-grant basis, no longer exists and, therefore, the petitioner should be permitted to start the school. 4. The learned Additional Government Pleader points out from the affidavit filed on behalf of the respondent no.3 that the reason for rejecting the petitioner's proposal was that besides the Government resolution of 20th July, 2009, several deficiencies were noticed in the proposal submitted by the petitioner to start a new Marathi medium school. (3) WP. 6850.2009 5. In our opinion, the Petition can be conveniently disposed of by directing the petitioner, if it so desires, to submit a fresh proposal to start a Marathi medium school, rather than considering whether there were any deficiencies in its earlier proposal. Accordingly, the Writ Petition is disposed of with the following order:- (I) The petitioner may submit a proposal to start a new Marathi medium school within four (4) weeks from today. (II) The Government will consider the proposal submitted by the petitioner within four (4) months from the date the proposal is submitted, bearing in mind the judgment of this Court in the case of "Asha Seva Bhavi Sanstha" (supra). Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp