Bara Imam Masjid Trust, Savedi, Ahmednagar v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8114 OF 2014 WITH WRIT PETITION NO.8683 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.C.K.Shinde, advocate for the petitioners. Mrs.S.A.Dhumal, Asstt. Govt. Pleader, Mr.G.K.Naik Thigle, Addl. Govt. Pleader for the State.

Mr.S.T.Shelke, advocate for Respondent No.3.

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 12.02.2015.

PER COURT :

1.

Heard.

2.

Mr.Shinde, learned counsel for the petitioners states that the Government had granted permission to the petitioners for starting English Medium Primary Schools, however, in the permission, failed to specify the locality. According to the learned counsel, the Education Officer has expressed his inability to grant recognition on the ground that the name of the locality is not mentioned. Even the proposal is forwarded by the Deputy Director of Education to the Director of Education on 26.5.2010, however, the Government has not yet taken any decision in clarifying the locality in the order because of which the recognition has been withheld.

3.

Mr.Shelke, learned counsel for the Education Officer submits that the Education Officer can not grant recognition in absence of the locality being specified and it is only within the purview of the Deputy Director of Education to grant recognition. 4.

The learned Additional Govt. Pleader submits that the said aspect would be considered by the authorities in accordance with law. It is clear that the Deputy Director of Education has already forwarded the proposal for rectifying non-mention of the locality, where the permission is granted by the Government to open English Medium Primary Schools to the petitioners. However, it does not appear that the Respondent has issued any corrigendum in that regard after the proposals are forwarded to it. 5.

In light of the above, we pass the following order : a) The Respondent-State shall take steps to clarify and specify the locality, where the Government has granted permission to the petitioners to open and run English Medium Primary Schools, expeditiously, preferably within three (3) months from today. b) The Writ Petitions are accordingly disposed of. No costs. (V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..12.02.2015.

asp/office/wp8114.14