Udhav Sopan Shingare And Others v. The State Of Maharashtra And Others

(1) 150-wp-11060-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 150 WRIT PETITION NO.11060 OF 2018 WITH CA/7193/2019 IN WP/11060/2018 UDHAV SOPAN SHINGARE AND OTHERS ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Kamlakar J. Suryawanshi and Mr. Amit T. Ghute, Advocates for the Petitioners.

Mr. V. M. Kagne, AGP for Respondents-State.

Mrs. Satyavati K. Doke (Renge), Advocate for Respondent Nos.3 to 5.

Mr. Babasaheb A. Dhengle, Advocate for Applicant in CA/7193/2019, ...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 1st JULY, 2019.

PER COURT:- 1.

Mr. Suryawanshi, learned counsel for petitioners submits that the proposal has been forwarded by the Education Officer to the Director of Education, Maharashtra State, Pune for grant of permission to run 8th standard Semi English Class. Before the said proposal is decided, the Education Officer has directed to stop the admission of the students. The learned counsel submits that petitioners are villagers. Their children are taking education in the Zilla Parishad School. The start of 5th and 8th standard is essential and necessary.

(2) 150-wp-11060-2018 2.

The learned counsel for Zilla Parishad submits that within the vicinity of three kilometer there is one school running 8th standard. In view of that the Education Officer has directed to stop the same.

The Government Resolution dated 02.07.2017 is relevant in this regard.

3.

The petitioners certainly now cannot admit the students, unless the Director of Education grants permission. If the proposal is pending with Director of Education, the Director of Education shall decide it on its own merits, in accordance with law and policy, expeditiously and preferably within a period of six months.

4.

The impugned order would certainly be subject to the decision of the Director of Education on the proposal forwarded for grant of 8th standard Semi English Class to the Zilla Parishad.

5.

With these observations, writ petition is disposed of. No costs.

6.

In view of disposal of writ petition, present civil application stands disposed of. (MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/July-19