Muslim Education Society Through Its President Rashid Khan Hanif Khan And Others v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:10285-DB {1} 936 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9379 OF 2023 MUSLIM EDUCATION SOCIETY THROUGH ITS PRESIDENT RASHID KHAN HANIF KHAN AND OTHERS ....Petitioner

VERSUS

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

Advocate for the Petitioner : Mr. Kazi S S AGP for Respondent Nos. 1 to 4: Mr. P.S. Patil Advocate for R-5 ; Mr. B.A. Shinde.

CORAM : SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE : 10TH MAY, 2024.

P.C. :- Present petition has been filed challenging the communication dated 4.1.2022 issued by respondent No.4 to respondent No.5, thereby, the proposal to include the names of the teachers from petitioner's school was rejected upon verification wen defects in the documents were found.

2.

Learned advocate for the petitioner makes a statement that petitioners are ready to cure those defects as the petitioner No.1 possesses minority certificate and also other documents regarding distribution of grant.

{2} 936 sr.no..odt 3.

In view of said statement, the impugned order dated 4.1.2022 stands quashed and set aside. Matter is relegated to the respondent No.4 for fresh consideration. An opportunity is given to the petitioner to submit the documents mentioned in the impugned communication as well as any other documents, which the respondent No.4 would call upon to produce by returnable notice. Production of documents, communication of any other defect in respect of documents and curing that defect, to take place within one month from today. Thereupon, the respondent No.4 to decide the said proposal on its own merits, within a period of one month thereafter. 4.

With aforesaid directions, writ petition stands disposed of. [S.G. CHAPALGAONKAR, J] [ SMT. VIBHA KANKANWADI, J] grt/-