Mahatma Phule Bahu Uddeshiya Shikshan Sanstha Through Its Secretary Ashok Madhavrao Birajdar v. The State Of Maharashtra Through Its Principal Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1695 OF 2023 MAHATMA PHULE BAHU UDDESHIYA SHIKSHAN SANSTHA THROUGHITS SECRETARY ASHOK MADHAVRAO BIRAJDAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioner : Ms.Akshara Madake i/by Shri S.S.Thombre AGP for Respondents 1 to 4/State : Shri V.M. Kagne ...

CORAM : RAVINDRA V. GHUGE & SANDIPKUMAR C. MORE, JJ.

DATE :- 14th February, 2023 Per Court :- 1.

The petitioner has put forth prayer clauses B, C and D as under :- "B) By issuing appropriate writ, order or directions in the like nature, the impugned order/letter dated 17.08.2021 passed/ issued by the respondent No.2/the Commissioner, Woman and Child Welfare, Maharashtra State Pune thereby rejecting the proposal of the petitioner may kindly be quashed and set aside and for that purpose issue necessary orders.

C) By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature, the respondent Nos.1 and 2 may kindly be directed to renew the licenses of the

*2* petitioner pursuant to the proposal submitted by the petitioner and for that purpose issue necessary orders.

D) By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature, the respondent authorities may kindly be directed to allot the inmates to the petitioner till the competent authorities decide the proposal of the petitioner for renewal of the license and for that purpose issue necessary orders."

2.

A coordinate Bench (Coram : Mangesh S. Patil and Sandeep V. Marne, JJ.), vide the judgment dated 08.09.2022 delivered in Writ Petition No.7821/2021 filed by the Mother Teresa Balakashram vs. The State of Maharashtra and others and in connected matters, has quashed and set aside the impugned communication dated 17.08.2021.

3.

The learned advocate for the petitioner as well as the learned AGP agree that this petition has to be disposed off in the light of the judgment dated 08.09.2022. The pending proposal of the petitioner will have to undergo rectification of shortcomings and thereafter, the decision is to be taken.

4.

In view of the above, this Writ Petition is disposed off.

5.

Needless to state, respondent No.2 shall initiate

*3* steps to take a decision on the proposal of the petitioner and in the event of any shortcomings, he would grant time to the petitioner to rectify the shortcomings. After such rectification, the petitioner would approach respondent No.2 with the rectified proposal within four weeks and thereafter, respondent No.2 would take a final decision on the proposal within sixteen (16) weeks from today.

kps (SANDIPKUMAR C. MORE, J.) (RAVINDRA V. GHUGE, J.)