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Bombay High CourtCP/187/2022disposed off

Anjumane Flah Bahbudi Dehati Akhliyati Khawatin Sainagar Nanded Through Secretary v. Vandana Krushna The Secretary And Another

2024-12-20Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rohit W. Joshi2 pages

2024:BHC-AUG:30704-DB cp-187.22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 16 CONT. PETITION NO. 187 OF 2022 IN WP/6349/2017 ANJUMANE FLAH BAHBUDI DEHATI AKHLIYATI KHAWATIN SAINAGAR NANDED THROUGH SECRETARY

VERSUS

VANDANA KRUSHNA THE SECRETARY AND ANOTHER ...

Mr. G.R. Syed Advocate for Petitioner.

Mr. A.V. Lavate, A.G.P. for Respondent - State. ...

CORAM: SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ.

DATE : 20th DECEMBER, 2024 ORDER :

1.

Present petition arises out of the common order in Writ Petition No. 6349 of 2017 with companion matter which came to be decided on 4th May 2017. Respondent No.1 was directed to take decision on its own merits regarding the grant of permission to start 5th and 6th standards on the basis of natural growth for earlier years.

2.

Learned Advocate for the petitioner points out that in Contempt Petition No.636 of 2021 with companion matters, this

cp-187.22 Court, on 11th January 2024 has passed an order. The subject involved in those contempt petitions arising out of the writ petitions was similar.

3.

Affidavit-in-reply has been filed on behalf of respondent No.1, who appears to be the subsequent Principal Secretary, School Education Department, Mantralaya, Mumbai. He has annexed communication dated 26th July 2022, whereby it appears that the Government has taken decision. Taking into consideration the directions those were given while disposing of the writ petition, though it appears that the decision has been taken belatedly, it was taken in 2022 itself. Under such circumstance, there is no necessity to take any action under the Contempt of Courts Act.

3.

The Petition stands disposed of.

[ROHIT W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DEC24