WP 809/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.809/2011 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri V.A. Dhakne, Advocate for petitioner. Shri V.D. Godbharle, AGP for respondent nos.1 to 4. CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. Date: 24.03.2011 Heard learned counsel for the parties. By this writ petition, the petitioner has impugned the order dated 27.1.2009 issued by the respondents rejecting their proposal for opening new higher secondary school at village Bramnath Yellamb Tq.Shirur Kasar Dist.Beed, on permanent non-grant basis. It appears that the petitioners had submitted their proposal for opening new secondary school for the academic year 2005-06. Since their proposal was not considered, the WP 809/11 2 petitioner had filed Writ Petition No. 6920/2008. This Court, vide order dated 26.11.2008, disposed of the said writ petition issuing direction to the respondents to consider the petitioner's proposal and decide it on or before 15.3.2009 for the next academic year i.e. 2009-10. Accordingly, the petitioner's proposal was considered and rejected by the impugned communication dated 27.1.2009. From perusal of the communication dated 27.1.2009, it appears that the District and the State level committees did not recommend the petitioner's proposal for starting new school. This order was also communicated to the petitioner in 2009. The present writ petition was filed in October, 2010. It cannot be stated that the proposal of the petitioner is rejected without assigning any reason, as submitted by learned counsel for the petitioner. It is clear that since the District and the State level committees did not recommend, the Government has rejected WP 809/11 3 the petitioner's proposal vide impugned communication dated 27.1.2009. Keeping all these facts in view and the passage of time, we are not inclined to entertain this writ petition and hence the petition is dismissed. Dismissal of the writ petition, however, shall not preclude the petitioner from making fresh proposal, if they so desire, since about 5 years have passed from the date of their earlier proposal. If any such proposal is made, the same may be considered in accordance with law. (M.T. Joshi, J.) (D.B. Bhosale, J.) Dt/- 24.03.2011 ndk/c243113