National Education Society, Deulghat Through Its President v. The State Of Maharashtra Through Its Secretarty, Department Of Education, Mumbai And 3 Others

26.10.wp.493.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 493/2015 (National Education Society, Deulghat vs. The State of Maharashtra and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Shri N.R. Saboo, Advocate for the petitioner Miss T.Khan, Asst. Govt.Pleader for respondent nos.1 and 2 CORAM : SMT. VASANTI A. NAIK & A.I.S. CHEEMA, JJ.

DATED : 26th October, 2015.

Heard.

By this Petition, the petitioner-Education Society seeks a direction to the Deputy Director of Education to grant permission for the additional sections of Standard Vth to VIIth. The petitioner has also challenged the order of the Block Development Officer, Panchayat Samiti, Buldana, dated 15.12.2014, asking the petitioner to immediately stop running the Vth standard in the absence of any permission.

It is stated on behalf of the petitioner that after the Block Development Officer passed the impugned order on 15.12.2014, the provisional permission was granted to the petitioner to run Vth to VIIIth standard, by an order dated 29.12.2014 at

26.10.wp.493.15 Annexure "I". It is stated that in view of the provisional permission, dated 29.12.2014, the order dated 15.12.2014 would get eclipsed. It is stated that the grievance of the petitioner would stand redressed if a direction is issued to the respondent no.1, to consider and decide the proposal of the petitioner for running the additional sections of standard Vth to VIIth within a time-frame.

In view of the order dated 29th December, 2014 granting provisional permission to the petitioner, the petitioner is entitled to temporarily run the Vth to VIIIth standard classes, subject to the approval by the State Government.

At this stage, the grievance of the petitioner stands redressed, in view of the order granting provisional permission, dated 29.12.2014. We, therefore, dispose of the Writ Petition with the direction to the respondent no.1, to decide the proposal of the petitioner for running Vth to VIIIth standard classes, in accordance with law, as early as possible (if not decided till date); and positively within a period of three months.

Order accordingly. No costs.

JUDGE JUDGE sahare