Ketayya Swami Shikshan Sanstha, Tasgaon, Through Chairman, Shri. Vijay Bhiku Savant v. The State Of Maharashtra, Through Secretary, School Education Dept And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.937 OF 2014 Katayya Swami Shikshan Sanstha .. Petitioner V/s.

The State of Maharashtra & Ors.

.. Respondents ......

Mr. Dilip Bodke, Advocate for the Petitioner. Mr. Vikas Mali, AGP for Respondent Nos.1 to3. Mr. R.D. Rane, Advocate for Respondent No.4.

......

CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATED :

NOVEMBER 29, 2016.

P.C. :

Heard the parties through their respective counsel. Rule. Rule returnable forthwith.

Mr. Mali, learned AGP waives service of notice on behalf of respondent nos.1 to 3. Mr. Rane, learned counsel waives service of notice for respondent no.4.

It has not been disputed by the learned counsel appearing for the parties that the question involved in this

rpa 2/3 petition has already been considered and decided by a Division Bench of this Court (Coram : Dr. Manjula Chellur, C.J. And M.S. Sonak, J.) vide judgment dated 19th September, 2016 passed in Writ Petition No.3011 of 2013 (M/s. Dabhol Education Society Vs. State of Maharashtra & Others) alongwith connected Writ Petitions.

In the light of the said judgment and for the reasons stated in it [M/s. Dabhol Education Society Vs. State of Maharashtra & Others (Supra)], we dispose of this petition with further clarification as contained in paragraph 35 therein which reads as under:

"55 We however clarify that the Petitioners will be entitled to submit fresh proposals for opening of English Medium Unaided Primary Schools within a period of two months from today. Such proposals may be considered by the State Government and/or the Competent Authority within a period of three months from the date of the receipt thereof on their own merits and in accordance with law. Needless to add that the State and/or the Competent Authority, in considering such proposals, shall give due regard to the RTE, the rule made under RTE and the2012, Act."

rpa 3/3 With the aforesaid liberty, Rule is discharged. The petition is disposed of.

(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.)