Bombay High Court
Someshwar Sikshan Prasarak Mandal vs The State Of Maharashtra Thr Its ... on 13 August, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:32661-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by KANCHAN
KANCHAN VINOD
VINOD
MAYEKAR
Date:
CIVIL APPELLATE JURISDICTION
MAYEKAR 2024.08.14
19:08:45
+0530
WRIT PETITION NO. 4996 OF 2024
ALONGWITH
WRIT PETITION NO. 7608 OF 2010
Someshawar Shikshan Prasarak Mandal ..... Petitioner
VERSUS
The State of Maharashtra & Ors. ..... Respondents
Mr.Dinesh W. Bhosale for the Petitioner in both writ petitions.
Mr. N. K. Rajpurohit, A.G.P. for the State in both writ petitions.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 13th AUGUST, 2024
JUDGMENT :
-
Rule. Rule made returnable forthwith and heard learned
counsel for the parties.
2. This writ petition is taken up for hearing along with Writ
Petition No. 7608 of 2010. Liberty is granted to the petitioner to
correct the cause title of the Writ Petition No. 4996 of 2024 and
implead the Secretary, Department of Secondary and Higher
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Secondary Education as respondent. Amendment be carried out
forthwith. The learned Assistant Government Pleader accepts the
notice on behalf of the said respondent.
3. In Writ Petition No. 7608 of 2010, the petitioner, an
education Society running a Higher Secondary School has
challenged the communication dated 14th July, 2010 issued by
the Department of School Education and Sports of the State
Government declining to grant any permission to start Higher
Secondary School for the Academic Session 2008 - 2009 on the
ground that the report of the District Level Committee and the
State Level Committee was not favourable. While issuing Rule in
the said writ petition on 15th February, 2013, it was directed that
in case the petitioner submitted a fresh proposal, the respondents
were to examine the same in accordance with law.
4. Pursuant to the aforesaid liberty, the petitioner has lastly
submitted an application dated 7th December, 2023 wherein
permission was sought to start a Junior College on no-grant
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basis. Since this application has not yet been decided, Writ
Petition No. 4996 of 2024 has been filed.
5. After hearing the learned counsel for the parties, we find
that it is not necessary to go into the correctness of the impugned
communication dated 14th July, 2010 which is the subject matter
of the challenge in Writ Petition No. 7608 of 2010. The
consideration on the petitioner's application dated 7 th December,
2023 would serve the ends of justice.
6. Accordingly, the following directions are issued :-
(a) The newly added respondent shall consider
the petitioner's application dated 7th December
2023 in accordance with law on its own merits
without being influenced by this communication
within a period of eight weeks of receiving copy of
this judgment. The decision taken shall be
communicated to the petitioner.
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(b) The petitioner is at liberty to place additional
documentary evidence before the said respondent.
(c) Rule in both the writ petitions is disposed of
in aforesaid terms.
7. Parties to act on the authenticated copy of this order.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
