Rahimaniya Taleemi Society Through Its Secretary Farooq Ahmed Abdul Khadar Deshmukh And Another v. The State Of Maharashtra Through Its Secretary And Others

1 908&Ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

908 WRIT PETITION NO.14121 OF 2023 Kharosa, Tq. Nilanga, Dist. Latur, Md. Imran s/o Abdul Hai, Age : 29 years, Occu. Service, R/o. Kharosa, Tq. Ausa, Dist. Latur.

909 WRIT PETITION NO.14122 OF 2023

2 908&Ors.odt Chincholi (Sk.), Tq. Nilanga, Dist. Latur, Pathan Nisar Noor Mohammad, Age : 35 years, Occu. Service, R/o. Kasar Sirsi, Tq. Nilanga, Dist. Latur.

910 WRIT PETITION NO.14123 OF 2023 Aurad (Sha), Tq. Nilanga, Dist. Latur, Nasima Firdous Mushtaqali, Age : 54 years, Occu. Service, R/o. Indira Nagar Aurad (Sha), Tq. Nilanga, Dist. Latur.

3 908&Ors.odt 911 WRIT PETITION NO.14124 OF 2023 Rahimaniya Urdu High School, Aurad Sha, Tq. Nilanga, Dist. Latur, Mulla Khalil Usman, Age : 45 years, Occu. Service, R/o. Aurad Sha, Tq. Nilanga, Dist. Latur.

The Director of Education (Secondary), The Education Officer (Secondary),

4 908&Ors.odt 913 WRIT PETITION NO.14144 OF 2023 Rahimaniya Urdu High School, Nilanga, Tq. Nilanga, Dist. Latur, Mulla Khalil Usman, Age : 45 years, Occu. Service, R/o. Aurad Sha, Tq. Nilanga, Dist. Latur.

The Director of Education (Secondary), The Education Officer (Secondary), 914 WRIT PETITION NO.14145 OF 2023

5 908&Ors.odt Rahimaniya Urdu High School, Kasar Sirsi, Tq. Nilanga, Dist. Latur, Sayyed Wasiq Hashmi, Age : 45 years, Occu. Service, R/o. Mudgad Road, Kasar Sirsi, Tq. Nilanga, Dist. Latur.

The Director of Education (Secondary), The Education Officer (Secondary), 916 WRIT PETITION NO.14165 OF 2023 Kasar Sirsi, Tq. Nilanga, Dist. Latur, Shaikh Nisar Ahmad Bashiroddin, Age : 49 years, Occu. Service, R/o. Dutt Nagar, Nilanga, Tq. Nilanga, Dist. Latur.

6 908&Ors.odt 917 WRIT PETITION NO.14166 OF 2023 Nilanga, Tq. Nilanga, Dist. Latur, Deshmukh Md. Shafique Ahemad Abdulkhadar, Age : 40 years, Occu. Service, R/o. Near Arya Samaj Old Saraf Line, Nilanga, Tq. Nilanga, Dist. Latur.

7 908&Ors.odt 919 WRIT PETITION NO.14175 OF 2023 Halgara, Tq. Nilanga, Dist. Latur, Risalat Begum Abdul Khadar, Age : 45 years, Occu. Service, R/o. Arya Samaj, Nilanga, Tq. Nilanga, Dist. Latur.

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Mr. V. S. Panpatte - Advocate for petitioners in all Writ Petitions Mr. A. S. Shinde - AGP for respondent/State Mr. V. C. Patil h/f Mr. U. B. Bondar - Advocate for respondent no. 4 in WP Nos. 14121/2023, 14122/2023, 14166/2023, 14175/2023, and for respondent no. 3 in WP Nos. 14123/2023, 14165/2023 .............

8 908&Ors.odt CORAM : MANGESH S. PATIL NEERAJ P. DHOTE, JJ.

DATED : 07 NOVEMBER 2023 PER COURT : - Leave is granted to correct the day of the Government Resolution in all the petitions. Amendment to be carried out forthwith.

Heard both the sides.

The petitioners, which are minority institutes running primary / secondary schools, are awaiting decision of the authorities and claim to be entitled to admit 20 students in the primary / secondary schools and claim to be not governed by the Government Resolution dated 15.11.2011. They are also seeking to derive the benefit of the decision of this Court in the matters of Maharashtra Urdu Shala Sangharsha Samiti, Aurangabad and others versus The State of Maharashtra and others [Writ Petition No. 9967 of 2013, decided on 12.08.2016]. The learned advocate for the petitioners submits that the petitioners have been pursuing matter since long but there is no response.

There are communications on the record showing that, indeed, the petitioners have been requesting respondent no. 4 -

9 908&Ors.odt Education Officer (Primary/Secondary), Zilla Parishad, Latur, to consider their request.

5.

Learned advocate for the respondent no. 4 submits that the respondent no. 4 cannot take any decision, he can only make a proposal.

6.

Without expressing any view on the merits, even by keep the issue open as to if the petitioners are entitled to derive the benefit of the decision of this Court in Writ Petition No. 9967 of 2013, we dispose of the writ petitions by directing the respondent no. 4 to put up appropriate proposal, which shall be considered by the respondent nos. 1 and 2, on its own merits, within a period of four (04) months of receipt of the proposal.

[NEERAJ P. DHOTE] [MANGESH S. PATIL] JUDGE JUDGE SG Punde