Shiblee National Education Society Parbhani Through Its Secretary Abdul Rahim Abdul Razzaque v. The State Of Maharashtra And Others

IN T HE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1373 OF 2016 (Shiblee National Education Society, Parbhani through its Secretary Vs. The State of Maharashtra and others) ---- Mr. Kiran M. Nagarkar, Advocate for the Petitioner Mr. A.G. Magre, A.G.P. for respondents No. 1 to 3 Mr. B.A. Shinde, Advocate for respondent No. 5 ---- CORAM :

S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 6th JUNE, 2016 PER COURT :

1.

Heard learned counsel for the petitioner and learned A.G.P. appearing for respondents No. 1 to 3. 2.

The learned counsel appearing for the petitioner submits that the representation filed by the petitioner on 2nd June, 2015 is pending with the respondent-authorities. It is submitted that already, the concerned Education Officer and the Deputy Director of Education have favourably recommended the proposal of the petitioner for opening the classes from 5th standard to 7th standard by way of natural growth. It is submitted that since the proposal is pending with

respondents No. 1 and 2 for a considerable period, both these respondents may be directed to take the decision on the said proposal expeditiously.

3.

Though sufficient time was granted to the respondents, no reply is filed and once again, the prayer for grant of adjournment is made.

4.

Upon perusal of the documents placed on record, it appears that the Education Officer (Primary), Zilla Parishad, Parbhani has forwarded the proposal to the Deputy Director of Education, Aurangabad Region, Aurangabad. It further appears that the the Director of Education (Primary), Maharashtra State, Pune sought information from the Deputy Director of Education, Aurangabad Region, Aurangabad about viability of the proposal for opening the classes from 5th standard to 7th standard in the petitioner's school.

5.

The learned A.G.P. now informs this Court that the Deputy Director of Education has forwarded the proposal to the Director of Education (Primary), Maharashtra State, Pune and in turn, the Director of Education (Primary), Pune has forwarded the same to

respondent No.1. Learned A.G.P. submits that the said proposal of the petitioner is pending with respondent No. 1.

6.

In the light of the submissions made by the learned counsel for the petitioner and the learned A.G.P. appearing for the respondents/State, we direct respondent No. 1 to take the decision on the proposal of the petitioner, if already not taken, on its own merits, as expeditiously as possible, however, within a period of four weeks from today and communicate the said decision to the petitioner and also to respondents No. 2 to 4.

7.

The writ petition is disposed of on above terms. The parties to act on authenticated copy of this order.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/wp1373-2016