Samarth Education Society Dongar Shelki Through Secretary v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2127 OF 2019 Samarth Education Society, Dongar Shelki, Tq.Udgir, District Latur Through its Secretary ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Principal Secretary, Department of School Education, Mantralaya, Mumbai-32 2.

Director of Education, (Secondary and Higher Secondary), Directorate of Education, Maharashtra State, Pune -1 3.

Commissioner (Education), Maharashtra State, Pune 4.

Deputy Director of Education, Latur Region, Latur 5.

Education Officer (Secondary) Zilla Parishad, Latur ..RESPONDENTS Mr S. R. Choukidar , Advocate for petitioner; Mr K. N. Lokhande, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 5th March, 2019 ORAL ORDER:

Heard Mr Choukidar, learned Counsel appearing on behalf of the petitioner.

(2) 2.

On a limited grievance raised in the petition and on the consequential prayers, the petition is taken up for hearing/disposal at the admission stage. 3.

Issue notice to respondents, returnable forthwith. 4.

Learned Asstt. Govt. Pleader waives service of notice for all the respondents.

5.

The petitioner is an education institute. In response to various Government Resolutions and more particularly Government Resolutions dated 20th July, 2009 and 1st March, 2014, the petitioner submitted proposal for grant-in-aid. The institute was subjected to assessment through the competent committee. The Committee, in its report submitted to the Deputy Director of Education, Latur Division, Latur, dated 28th July, 2015, found the institute eligible. The name of the petitioner finds place at Sr. No.7 in communication dated 28th July, 2015.

6.

As per the procedure, the Deputy Director of Education, Latur submitted the proposal to the Director of Education for his approval. It seems that as there was no decision, the institute approached the authority and found that the proposal was missing in the office of the Director of Education. Accordingly, the institute submitted a fresh proposal to the

(3) Deputy Director of Education, Latur Division, Latur. The Deputy Director of Education, Latur, on 23rd January, 2019 submitted the proposal for approval to the Director of Education. Perusal of this document placed at Exh.'F' shows that earlier the proposal was submitted in the year 2013-14 and on an enquiry, it revealed that the proposal was missing in the office of the Director of Education. The Deputy Director of Education informed the Director of Education that a fresh proposal with positive recommendation is submitted for his approval and the same be accepted. 7.

Learned Counsel for the petitioner submitted that the Director of Education be directed to pass appropriate orders on the proposal submitted to him by the Deputy Director of Education, Latur on 23rd January, 2019 within a stipulated period.

8.

This being a limited grievance and the prayer, the petition is disposed of with directions to respondent No.2 - Director of Education to take appropriate decision on the proposal dated 23rd January, 2019, submitted to him through the Deputy Director of Education, Latur Division, Latur, as early as possible and not later than twelve weeks from the date of the order of this Court, needless to state on its own merits. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) sjk