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Bombay High CourtWP/10319/2015disposed offdismissed for default

Praja Jagruti Shikshan Sanstha, Ahmednagar And ANR v. Deputy Director Of Education, Pune And ORS

2016-09-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.10319 OF 2015 Prja Jagruti Shikshan Sanstha Village Ranjankhol and another Vs. Deputy Director of Education, Pune Division, Pune and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.S.V.Dixit, advocate for the petitioners.

Mr.B.A.Shinde, A.G.P. for the State.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 21.09.2016.

PER COURT :

1.

Heard.

2.

Mr.Dixit, learned counsel for the petitioners states that mechanically the Respondents have rejected the proposal of the petitioners for starting Secondary School. The petitioners are already running a Primary School under the valid permission. The learned counsel submits that under order of this Court in W.P.No.4935/1997, the Respondents were directed to decide the proposal submitted in the year 1997. However, the rival group had illegally submitted the proposal which is rejected and that too not on merits. The proposal of 1997 is not at all considered.

3.

We have heard learned A.G.P.

4.

With the introduction of Right of Children to Free and Compulsory Education Act, 2009, the parameters for start of new School have undergone change. Even the concept of Primary School and Secondary School have undergone change. The proposal submitted in the year 1997 as such would be of no avail. 5.

In light of that, the petitioners are at liberty to submit a fresh proposal to the Respondent authorities. In case such proposal is submitted then the Respondent authorities shall take decision upon the said proposal on its own merits in accordance with law and existing policy expeditiously, preferably within six (6) months. 6.

The Writ Petition is disposed of. No costs.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.21.09.2016.

asp/office/wp10319.15