1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5360 OF 2009 Afreen Shikshan Sanstha, Bhoom, Tq.Bhoom, Dist.Osmanabad, Through its Secretary Mohammad S/o. Noor Khan Patel, Age-42 years, Occupation : Agriculture, and Secretary of Afreen Shikshan Sanstha, Bhoom, R/o. Bhoom, Tq.Bhoom, Dist. Osmanabad PETITIONER VERSUS 1. The State of Maharashtra 2. The Secretary, School Education department, Maharashtra state, Mantralaya, Mumbai-400 032. 3. The Education Officer (Primary), (Deleted) Zilla Parishad, Osmanabad, Dist. Osmanabad RESPONDENTS Mr.S.S.Sayyad, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 2. Name of respondent no.3 is deleted. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 18/08/2009 2 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. At the outset, learned counsel for the petitioner seeks leave to delete respondent no.3 Education Officer (Primary). Leave granted at the risk of petitioner. 2. By the present writ petition under Article 226 of The constitution of India, the petitioner prays for issuance of a writ directing respondents to decide the proposal of the petitioner dated 26/11/2008 within a stipulated period. In the light of the relief which the petitioner has sought for in this petition, we consider it appropriate to decide this petition finally at this stage. Accordingly rule to issue. We make the rule returnable forthwith with the consent of learned counsel for the parties. 3. As pointed out to us, the petitioner had submitted his proposal dated 26/11/2008 for permission to run a Marathi Medium Primary Girls School at Bhoom, Dist. Osmanabad. Accordingly the proposals came to be submitted by the petitioner from time to time. Since the proposals were not decided, the petitioner was constrained to file this writ petition and this Court had directed the respondents to decide the proposal on its own merits on or before 30/04/2008. Since the direction issued by this Court was not followed by the respondents, but the respondents informed the petitioner by letter dated 16/10/2008 to submit a fresh proposal. Accordingly on 26/11/2008, the petitioner had submitted a fresh proposal which is said to be pending consideration with the respondents. 3 4. In the light of the fact that the proposal is pending consideration with the respondents, and has not been decided by the respondents, we incline to allow this petition. We allow this petition and direct the respondents to decide the proposal of the petitioner dated 26/11/2008, if the same is pending, in accordance with Law, within a period of 4 months from today and communicate the decision thereon to the petitioner. 5. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5360-09