1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3703 OF 2010 (Mohammadiya Minority So. vs. State and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr.A.B.Mirza, Adv. for petitioner. Mr.D.M.Kale, A.G.P. for Respondent nos. 1 and 2. None for Respondent no.3. CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : AUGUST 29, 2011. Heard. The petition contains a specific assertion that the school is not available for accommodating Urdu Medium students in 8th Std. in the periphery of 11 kms. That assertion has not been specifically dealt with. The chart which shows application of mind and rejection of proposal of petitioner reveals that the reason for rejection is want of sufficient number of students. However, against Column No.5, name of Zilla Parishad Uccha Prathmik Urdu Shala, Shindi is mentioned and strength of students is shown as 30. Against column no.9, no middle school is disclosed within 2 periphery of 3 kms. In this situation, it is apparent that 30 students who passed out from Urdu Medium Primary School are required to be accommodated beyond the periphery of 3 kms. or if assertion of petitioner is to be accepted, beyond the periphery of 11 kms. In this situation, we set aside the said rejection order and direct respondent no.3 to re- consider the proposal of petitioner for grant of such permission. Appropriate orders in this respect shall be passed after extending opportunity of hearing to the petitioner. The petitioner is permitted to appear before respondent no.3 for this purpose on 20th September, 2011 and respondent no.3 shall thereafter pass appropriate orders by 12th December, 2011. The petition is, thus, partly allowed. No order as to costs. JUDGE JUDGE jais