Matoshri Hirabai Bahuuddeshiya Sevabhavi Sanstha Through Its Secretary Ankush Namdeo Jadhav v. The State Of Maharashtra Through Its Secretary And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 940 WRIT PETITION NO.5051 OF 2023 JIJAMATA BALAK ASHRAM THROUGH ITS PRESIDENT USHA SANJAY RATHOD PRINCIPAL SECRETARY AND ANOTHER 941 WRIT PETITION NO.5052 OF 2023 SHIKSHAN MAHARSHI DHANRAJ CHAVAN BALGRUHA TURALI THROUGH ITS SECRETARY RANJEET SHANKAR JADHAV PRINCIPAL SECRETARY AND ANOTHER 943 WRIT PETITION NO.5058 OF 2023 BABURAO NAIK BALGRUHA OMERGA THROUGH ITS SECRETARY RANJEET SHANKAR JADHAV PRINCIPAL SECRETARY AND ANOTHER 947 WRIT PETITION NO.5078 OF 2023 SHRI SEWALAL MAHARAJ BALSADAN KANTEKUR THROUGH ITS PRESIDENT GOPAL THAVRU CHAVAN PRINCIPAL SECRETARY AND ANOTHER
*2* 940a941a943a947a3t6a9wp5051o23 ...
3 WRIT PETITION NO.5137 OF 2023 (Not on the Board. Taken on the Production Board) SAVITRIBAI PHULE BALSADAN RUN BY NAIK CHARITABLE TRUST THROUGH PRESIDENT SURAJ GANPAT CHAVAN PRINCIPAL SECRETARY AND ANOTHER 4 WRIT PETITION NO.5138 OF 2023 (Not on the Board. Taken on the Production Board) BALAJI BALAK ASHRAM RUN BY NAIK CHARITABLE TRUST, THR ITS PRESIDENT THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY,AND ANR 5 WRIT PETITION NO.5139 OF 2023 (Not on the Board. Taken on the Production Board) SAVITRIBAI PHULE BALSADAN ADDL RUN BY NAIK CHARITABLETRUST THROUGH PRESIDENT SURAJ GANPAT CHAVAN PRINCIPAL SECRETARY AND ANOTHER 6 WRIT PETITION NO.5140 OF 2023 (Not on the Board. Taken on the Production Board)
*3* 940a941a943a947a3t6a9wp5051o23 CHHATRAPATI SHIVAJI MAHARAJ BALSADAN RUN BY VASANT CHARITABLE TRUST, THR ITS PRESIDENT THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ANR ...
9 WRIT PETITION NO.5148 OF 2023 (Not on the Board. Taken on the Production Board) MATOSHRI HIRABAI BAHUUDDESHIYA SEVABHAVI SANSTHA THROUGH ITS SECRETARY ANKUSH NAMDEO JADHAV SECRETARY AND OTHERS Advocates for the Petitioners : Shri Vinod B. Jadhav and Shri Shri Vijay A. Dhakne, in the respective petitions. AGP for the Respondents/State : Shri V.M. Kagne CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.
DATE :- 02nd May, 2023 Per Court :- 1.
The Writ Petitions at Sr.Nos.3 to 6 and 9 on the Production Board, were not on the daily cause list. Being identical, on the request of the learned Advocates for the Petitioners and by consent, are taken on the Production Board. 2.
The Petitioners are identically placed Educational
*4* 940a941a943a947a3t6a9wp5051o23 Institutions and have put forth identical prayer clauses. Prayer clauses B and C in the first Writ Petition No.5051/2023 read as under:- "B) Issue a writ of mandamus or writ in the nature of mandamus, the respondents may kindly be directed to decide the proposal of the petitioner within stipulated time for grant of registration certificate pursuant to the order dated 08.09.2021 passed in Writ Petition No. 7821 of 2021 with other connected matters.
C) Pending the hearing and final disposal of this Writ Petition, the respondents may kindly be directed to issue provisional registration certificate in favor of the petitioner pursuant to the order dated 08.09.2021 passed in Writ Petition No. 7821 of 2021 with other connected matters."
3.
It is pointed out that the coordinate Bench of this Court has delivered a judgment dated 8.9.2022 in Writ Petition No.7832 of 2011 filed by Mother Teresa Balakashram vs. State of Maharashtra and others at Aurangabad. Considering the view taken in the said judgment, this Court has passed an order on 10.10.2022 in Writ Petition No.10317 of 2022 filed by Rajeshre Shahu Bahuuddeshiya Gramin Vikas Sanstha vs. The State of Maharashtra and others.
4.
The learned AGP submits that he would not argue against the law laid down by this court. The learned advocates
*5* 940a941a943a947a3t6a9wp5051o23 for the Petitioners submit that the directions issued in the above referred orders can be made applicable to these cases as the proposals of the petitioners, seeking renewal of license, are pending.
5.
Considering the above, we are reproducing the order/ direction of this Court, passed in Mother Teresa (supra) and Rajeshree Shahu Bahuuddeshiya Gramin Vikas Sanstha (supra), as under:- "4.
In view of the above, both these writ petitions are disposed off.
5.
Needless to state, respondent No.2 shall initiate steps to take a decision on the proposals of the petitioners and in the event of any shortcomings, he would grant time to the petitioners to rectify the shortcomings. After such rectification, the petitioners would approach respondent No.2 with the rectified proposals within four weeks and thereafter, respondent No.2 would take a final decision on the proposals within sixteen (16) weeks from today."
6.
The learned AGP submits that in the present case, the proposals of the Managements are pending and the same can be decided expeditiously with similarly situated proposals. The learned Advocates for the petitioners submit, on instructions, that the petitioners are satisfied.
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In view of the above, these Writ Petitions are disposed off. The pending proposals of the Petitioners shall be decided along with similar proposals, expeditiously. In the event of any deficiencies noticed in the proposal, the competent Authority would immediately convey those to the Petitioners, on their email addresses so as to be removed.
kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)