Bombay High CourtWP/1808/2014dispossed offdismiss for default

Veer Hutatma Wasudeo Balwant Phadke Urdu High School, Through Its Headmaster, Malegon And Another v. State Of Maharashtra, Throguh Its Secretary, Ministy Of Education (Primary), Mumbai And 4 Others

2015-06-12Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice C.V. Bhadang2 pages

1206wp1808.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1808/2014 Veer Hutatma Wasudeo Balwant Phadke Urdu High School, through its Headmaster, Malegaon, Tq. Malegaon, Distt. Washim and another ...Versus...

State of Maharashtra, through its Secretary, Ministry of Education (Primary), Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.L. Khapre, Advocate for petitioners Shri A.M. Deshpande, AGP for respondent nos.1 and 2 Shri Amol Deshpande, Advocate for respondent no.3 Shri A.I. Sheikh, Advocate for respondent no.4 CORAM : SMT. VASANTI A. NAIK AND C.V. BHADANG, JJ.

DATE : 12.06.2015 By this petition, the petitioners have challenged the permission granted to the respondent nos.4 and 5 to open the middle schools from 5th to 8th standard at Malegaon. Shri Khapre, the learned Counsel for the petitioners states that in view of the order passed by this Court an enquiry was conducted and by an order dated 20.4.2015 the Deputy Director of Education, Amravati directed the closure of the classes from standard 5th to 7th in the respondent no.4 - Zilla Parishad School and absorption of the students in the petitioners' school. It is stated that a written statement has been filed by the respondent no.5 before the Deputy Director of Education that they have not started the 5th standard classes as yet as no

1206wp1808.14.odt students are admitted in the 5th standard. It is stated that in view of the subsequent developments, the cause for filing the writ petition would not survive at this stage.

In view of the aforesaid, we dispose of the writ petition with no order as to costs. The points raised in the petition are, however, kept open.

JUDGE JUDGE Wadkar