Sabrang Multipurpose Education Society, Through Its Secretary Imamur Rahim Azmi v. The State Of Maharashtra, Through The Principal Secretary, Department Of School Education, Mumbai

wp2064.14 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2064 OF 2014 Sabrang Multipurpose Education Society, thr. Secretary Imamur Rahim Azmi -vsThe State of Maharashtra, thr. the Principal Secretary, Department of School Education & ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.F.T.Mirza, counsel for the petitioner.

Mr.N.S.Khubalkar, AGP for the respondent Nos.1 and 2. Mr.Prashant Thakre, counsel for the respondent No.3. CORAM : SMT. VASANTI A. NAIK & A.M.BADAR, JJ.

DATE : 25.03.2015.

Heard.

By the impugned order, the State of Maharashtra rejected the applications filed by 7475 institutions for opening of English medium primary school on non grant-inaid basis. It is stated on behalf of the petitioner that the fact that the petitioner-Institution is a minority institution and was seeking permission to open an English medium primary school on non grant-in-aid basis was not considered by the State Government before passing the impugned order dated 30/08/2013. It is stated that the application of the petitioner appears to have been rejected along with the thousands of other applications without considering the aforesaid position.

Though we had issued notice to the respondents in the matter almost a year earlier and though time was granted to the State Government from time to time to file

wp2064.14 2/2 reply, the reply is not filed on behalf of the respondents till date.

In this view of the matter, we direct the State Government to decide the application of the petitioner for grant of permission to open an English medium primary school on non grant-in-aid basis by considering that the petitioner is a minority institution. The State Government should decide the application of the petitioner at Annexure-B, dated 09/07/2010 as early as possible and positively within a period of six weeks.

Order accordingly. No costs.

JUDGE JUDGE KHUNTE