Anand Bahu Uddeshiya Sanstha Vangi Through Its Secretary Nilesh Shrirangrao Patil v. The Minister For School Education State Of Maharashtra Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12650 OF 2016 (Anand Bahu-Uddeshiya Sanstha, Vangi, through its Secretary Nilesh Shrirangrao Patil Vs. The Minister for School Education, State of Maharashtra and others) ---- Mr. B.L. Sagar-Killarikar, Advocate for the Petitioner Mrs. A.V. Gondhalekar, A.G.P. for the respondent/State ---- CORAM :

T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : 17th FEBRUARY, 2017 ORAL ORDER :

Heard.

2.

Today, the learned A.G.P. produced a copy of the order dated 10th January, 2017, passed by a Division Bench of this Court at Nagpur in Writ Petition No. 4324 of 2016 (Adiwasi Gramin Bahu uddeshiya Shikshan Sanstha, Wardha and others Vs. State of Maharashtra and another). This Court at Nagpur, in the similar circumstances, directed the respondents therein to consider the proposals for the academic year 2017-18, commencing from June, 2017. In the said matter, the following directions were issued by this Court :- "9.

In this situation, we find that interest of justice can be met with by directing the

wp12650-2016 respondents to reconsider the cases of the petitioners in accordance with law within next three months so as to enable them to start/upgrade their Schools, if the permission is granted from next Academic year commencing from June, 2017.

Such new school or upgradation can be considered if due to grant of permission in the year 2016-17, no other school has come up at a place desired by the petitioners.

10.

Hence, without observing anything on the merits of the controversy, we partly allow the present writ petition. No order as to costs." 3.

Considering the facts of the present case, on the above terms, the present Writ Petition is partly allowed. The petitioner is directed to appear before respondent No. 1 on 1st March, 2017. The respondents are directed to reconsider the case of the petitioner and decide the proposal in accordance with law within a period of three months from 1st March, 2017. In those terms, the Writ Petition is disposed of.

[SANGITRAO S. PATIL] [T.V. NALAWADE] JUDGE JUDGE npj/wp12650-2016

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