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Bombay High CourtWP/2700/2015disposed offdismissed for default

Burhani National Education Society, Aurangabad v. State Of Maharashtra And Others

2015-05-06Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 WRIT PETITION NO. 2700 OF 2015 BURHANI NATIONAL EDUCATION SOCIETY, AURANGABAD

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Kazi S.S.

AGP for Respondents No.1 to 3: Mr. G.R. Ingole ...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: May 06, 2015 ...

PER COURT :- 1) Heard. In pursuance to the notice issued to Respondents, Respondent No.2 has filed affidavit in reply, it is stated in the said affidavit in reply that, the appointment made by the Petitioner institution dated 05.08.2013 is subsequent to the Government Resolution dated 2nd May, 2012. Therefore, approval as claimed cannot be granted. 2) Learned Counsel appearing for the Petitioner pressed into service unreported judgment in the Case of Anjuman Ishaat-E-Taleem Trust V/s. State of Maharashtra and another in Writ Petition No.5633/2013 and in particular invited our attention to Paragraphs No. 5, 7 and 8 and submits that, so far as institutions run by minority are concerned the said G.R. has no application. In view of the judgment in the case of Anjuman Ishaat-ETaleem Trust (supra). We direct Respondent No.2 to consider the proposals forwarded by the Petitioner management for approval in the light of afore mentioned judgment as expeditiously as possible, preferably on or before 15th June, 2015.

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Petition stands disposed of in above terms.

( P.R. BORA, J. ) ( S.S. SHINDE, J. ) ...

AGP/-