Bombay High Court
Shri Sadguru Shikshan Prasarak vs The State Of Maharashtra on 7 September, 2010
Bench: R.S. Mohite, Shrihari P. Davare
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
(1) WRIT PETITION NO.7472 OF 2010
Shri Sadguru Shikshan Prasarak
Mandal, through its President
Sominath Shankar Bankar,
age 39 yrs.occup.service, r/of
Ram Nagar, Ranjangaon Shenpunji,
Taluka Gangapur,Dist.Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
-------------------------------------------------------------
Shri G.O. Wattamwar, Advocate holding for Shri S.G. Rudrawar,
Advocate for the Petitioner. Shri N.B. Khandare, Government
Pleader, for the Respondents.
-------------------------------------------------------------
WITH
(2) WRIT PETITION NO.4493 OF 2010
Kulswamini Tuljabhavani Shikshan,
Krida, Gramvikas & Bahuuddeshiya
Sanstha, Khalyalgavan, Taluka
Deulgaon Raja, District Buldhana,
through its Vice-President
Anil s/o Ramkishan Dandale,
age 32 years, occup. service,
r/of Matoshri Niwas,
Bhaskarraoji Shinde Nagar,
Deulgaon Raja, Dist.Buldhana Petitioner
versus
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1. The State of Maharashtra,
through its Secretary,
Department of School Education
and Sports,Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Jalna.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
S.S.Jadhav, Advocate, for the Petitioner. Shri
N.B.Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
ig WITH
(3) WRIT PETITION NO.4495 OF 2010
Jai Sevalal Bahuuddeshiya Shikshan
Prasarak Mandal, Kakada, Taluka
and District Jalna,through President
Sanjay s/o Kanhyalal Pawar, age 35
years, occup. Agril., r/of Kakada,
Post Ner, Tq. & District Jalna. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Jalna.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
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WITH
(4) WRIT PETITION NO.4903 OF 2010
Ramkrishna Sevabhavi Sanstha,
Pangri (Gosavi), Taluka Mantha,
Taluka Mantha, District Jalna,
through its Secretary, Rajendra
s/o Babulal Pawar, age 23 yrs.
occup.Agril. r/o Pangri (Gosavi)
Taluka Mantha, District Jalna. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School Education
and Sports, Mantralaya,
Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad,Jalna,Dist.Jalna.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(5) WRIT PETITION NO. 4904 OF 2010
Marathwada Sarvodaya Seva Shikshan
Prasarak Mandal, Ambhoda (Kadam),
Taluka Mantha, District Jalna,
through its President Vasantrao
s/o Ramrao Chavan, age 63 yrs,
occupation Agril., r/o Vivekanand
Nagar, Mantha, Taluka Mantha,
District Jalna. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School Education
and Sports, Mantralya,Mumbai-32.
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2. The Education Officer (Secondary)
Zilla Parishad, Jalna,Dist.Jalna
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(6) WRIT PETITION NO.5496 OF 2010
Kai.Nagojirao Satkar Shikshan
Sanstha, Jalna, through its
Secretary Ganesh s/o Dashratrao
Suparkar, age 36 years, occup.
agril., r/of Gavli Mohalla,
Old Jalna, District Jalna. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education &
Sports,Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad,Jalna,Dist.Jalna.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(7) WRIT PETITION NO.6573 OF 2010
Shri Samarth Sevabhavi Sanstha,
Undargaon, Taluka Lohara, Dist.
Osmanabad,through its Secretary
Dhananjay s/o Baliram Gangane,
age 33 years, occup. business,
r/of Shrinagar, Behind Ashwamegh
Hotel, Barshi Road, Latur.
Taluka and District Latur. Petitioner
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versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(8) WRIT PETITION NO.6582 OF 2010
Shivjagruti Bahuuddeshiya Vikas
Mandal, Nalegaon, Taluka Chakur
District Latur, through its
Secretary, Madhav s/o Baburao
Gangapure, age 35 years, occup.
agril., r/o Shivanandnagar,
Nalegaon, Taluka Chakur,
District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(9) WRIT PETITION NO.7473 OF 2010
Dnyanraj Shikshan Prasarak
Mandal, through Secretary
Vithalrao s/o Waghoji Tekale,
age 54 years, occup. Social
Worker, r/o Bhaskarraoji Shingne
Nagar, Deulgaon Raja, Taluka
Deulgaon Raja, Dist. Buldhana. Petitioner
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versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Nanded.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri Suresh G. Rudrawar, Advocate for the Petitioner.
Shri N.B.Khandare, Govt.Pleader for the Respondents.
--------------------------------------------------------
ig WITH
(10) WRIT PETITION NO. 7474 OF 2010
Shivkrupa Bahuuddeshiya Seva
Bhavi Sanstha, through its
President Shri Pralhad s/o
Piraji Jadhav, age 40
years, occup. President,
r/o Tembhurni, Taluka
Jafrabad, Dist. Jalna Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Jalna.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G.Rudrawar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
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WITH
(11) WRIT PETITION NO.7485 OF 2010
Sanskarprabodhini Bahuuddeshiya
Sanstha, through its President,
Shri Sunil Laxmanrao Wakekar,
age 35 years, occup. service,
r/of Sillod, Dist.Aurangabad Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2.
The Education Officer (Secondary)
Zilla Parishad, Dist.Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri Suresh G. Rudrawar, Advocate for the Petitioner.
Shri N.B.Khandare, Govt. Pleader for the Respondents.
--------------------------------------------------------
WITH
(12) WRIT PETITION NO.7486 OF 2010
Dnyanraj Shikshan Prasarak
Mandal,through its Secretary
Vithalrao s/o Waghoji Tekale,
age 54 years, occup. social
worker, r/o Bhaskarraoji
Shingne Nagar, Deulgaon Raja
Taluka Deulgaon Raja,
Dist. Buldhana. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, District Jalna.
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3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri Suresh G. Rudrawar, Advocate for the Petitioner.
Shri N.B.Khandare, Govt.Pleader for the Respondents.
--------------------------------------------------------
WITH
(13) WRIT PETITION NO.7489 OF 2010
Sanskarprabodhini Bahuuddeshiya
Sanstha, through its President,
Shri Sunil Laxmanrao Wakekar,
age 37 years, occup. service,
r/of Sillod, Dist.Aurangabad Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist.Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(14) WRIT PETITION NO.7534 OF 2010
Mauli Dnyaneshwar Shikshan
Sanstha, through President
Khanderao Kisanrao Aghav,
age 48 years, occup. Agril
r/of Belkhed, Tq. Jintur,
District Parbhani. Petitioner
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versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Hingoli.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G.Rudrawar Advocate for the Petitioner. Shri N.B.
Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
ig WITH
(15) WRIT PETITION NO.7536 OF 2010
Sadnath Bahuuddeshiya Shikshan
Mandas, Nitur, Taluka Nilanga,
District Latur, through its
Secretary Kalidas s/o Vasantrao
Patil, age 38 years, occupation
agril., r/o Nitur, Tq. Nilanga,
District Latur Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary)
Zilla Parishad, Latur. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
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WITH
(16) WRIT PETITION NO.7926 OF 2010
Rukhminibai Pratisthan, Mumbai,
Branch at Chalisgaon, through
its trustee Sow. Mangalatai
Sureschandra Chavan, age 58
years, occup. agriculture,
r/of Plot No.13, Town Centre,
CIDCO, Aurangabad, Dist.A'bad. Petitioner
versus
1. The State of Maharashtra,
through Principal Secretary,
School Education Department,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. Deputy Director of Education
Nashik Region, Nashik.
4. The Education Officer (Secondary)
Zilla Parishad, Jalgaon,
Dist. Jalgaon. Respondents
--------------------------------------------------------
Shri Pradeep R. Patil, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(17) WRIT PETITION NO.7938 OF 2010
Navalbhau Pratisthan,
Navalnagar, Taluka and
District Dhule, through
its trustee Avinash s/o
Laxmikant Patil, age 51
years, occupation agril.
r/o Plot No.300, N-3,
CIDCO, Aurangabad, Dist.
Aurangabad. Petitioner
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versus
1. The State of Maharashtra,
through Principal Secretary,
School Education Deptt.,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. Deputy Director of Education,
Nashik Region, Nashik.
43. The Education Officer (Secondary)
Zilla Parishad, Jalgaon. Respondents
--------------------------------------------------------
Shri Pradeep R. Patil Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(18) WRIT PETITION NO.7992 OF 2010
Ambika Bahuuddeshiya
Mahila Mandal,Rohina,
Tq.Chakur, Dist.Latur,
through its Secretary
Kewalbai w/o Devidas
Kendre, age 45 years,
occup.service, r/of
Kendre Building, Shivaji
Nagar, Latur, Tq. and
District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Latur, Dist.Latur
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
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WITH
(19) WRIT PETITION NO.7993 OF 2010
Sadnath Bahuuddeshiya Shikshan
Mandal, Nitur, Taluka Nilanga,
District Latur, through its
Secretary Kalidas s/o Vasantrao
Patil, age 38 years,occup.agril.
r/of Nitur, Tq.Nilanga,Dist.Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(20) WRIT PETITION NO.7994 OF 2010
Samarth Raosaheb Baba Patil
Vikas Mandal, Ansurda, Tq.
and District Osmanabad,
through its Secretary Pratibha
d/o Bhalchandra Jadhav, age
37 years, occup. household,
r/o Ansurda, Tq.& Dist.Osmanabad Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary))
Zilla Parishad, Osmanabad. Respondents
--------------------------------------------------------
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Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(21) WRIT PETITION NO.7995 OF 2010
Shivjagruti Bahuuddeshiya Vikas
Mandal, Nalegaon, Taluka Chakur
District Latur, through its
Secretary, Madhav s/o Baburao
Gangapure, age 35 years, occup.
agril., r/o Shivanandnagar,
Nalegaon, Taluka Chakur,
District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(22) WRIT PETITION NO.7996 OF 2010
Sant Shri Laxamn Chaitanya
Bapuji Sandipani Gurukul
Trust, Pal, Taluka Raver
District Jalgaon, through
its Member of Managing
Committee, Uttam s/o
Balchand Rathod, age 52
years, occup. agril., r/o
Pal, Tq.Raver,Dist.Jalgaon Petitioner
versus
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1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. Education Officer (Secondary)
Zilla Parishad, Jalgaon,
District Jalgaon.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
ig WITH
(23) WRIT PETITION NO.7999 OF 2010
Yashwant Sevabhavi Sanstha,
Wanjarkheda, Taluka and
District Latur, through its
Secretary, Pandit s/o
Daulatrao Kadam, age 32 yrs.
occupation: business, r/of
Wanjarkheda, Tq. and Dist.
Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner. Shri
N.B. Khandare, Government Pleader for the Respondents.
--------------------------------------------------------
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WITH
(24) WRIT PETITION NO.8000 OF 2010
Sadnath Bahuuddeshiya Shikshan
Mandal, Nitur, Taluka Nilanga,
District Latur, through its
Secretary Kalidas s/o Vasantrao
Patil, age 38 years,occup.agril.
r/of Hali, Taluka Udgir Dist.Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Shri N.B.Khandare, Government Pleader for Respondents.
--------------------------------------------------------
WITH
(25) WRIT PETITION NO.8001 OF 2010
Sadnath Bahuuddeshiya Shikshan
Mandal, Nitur, Taluka Nilanga,
District Latur, through its
Secretary Kalidas s/o Vasantrao
Patil, age 38 years,occup.agril.
r/of Nitur, Tq.Nilanga,Dist.Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. Education Officer (Secondary),
Zilla Parishad, Latur,
District Latur.
3. The Director of Education,
Maharashtra State, Pune. Respondents
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--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, A.G.P. for the Respondents.
--------------------------------------------------------
WITH
(26) WRIT PETITION NO.8002 OF 2010
Capt. J.B.Deshmukh Charitable
Trust, Laxmi Colony, Old Ausa
Road, Latur, Tq. & Dist.Latur,
through its Secretary Prakash
s/o Jalindar Deshmukh, age 37
years, occup. service, r/of
Flat No.B-107, Om Plaza, Laxmi
Colony, Old Ausa Road, Latur,
Tq. and District Latur. Petitioner
1.
versus
The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(27) WRIT PETITION NO.8003 OF 2010
Rayat Gramin Bahuuddeshiya
Samajik Shikshan Sevabhavi
Sanstha, Latur, Taluka and
District Latur, through
its President Vijaykumar
s/o Govindrao Deshmukh,
age 33 year,s occupation
agril., r/of house of
Jalimsing Chauhan, in
front of Sai Baba Temple,
Vishalnagar, Latur, Tq.
and District Latur. Petitioner
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versus
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education officer (Secondary)
Zilla Parishad, Latur,
District Latur.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(28) WRIT PETITION NO.8004 OF 2010
Yashwant Sevabhavi Sanstha,
Wanjarkheda, Tq. and Dist.
Latur, through its Secretary
Pandit s/o Daulatrao Kadam,
age 32 years, occup.business,
r/o Wanjarkheda, Tq. and
and District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Latur, District
Latur.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
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WITH
(29) WRIT PETITION NO.8005 OF 2010
Rayat Gramin Bahuuddeshiya
Samajik Shikshan Sevabhavi
Sanstha, Latur, Taluka and
District Latur, through
its President Vijaykumar
s/o Govindrao Deshmukh,
age 33 year,s occupation
agril., r/of house of
Jalimsing Chauhan, in
front of Sai Baba Temple,
Vishalnagar, Latur, Tq.
and District Latur. Petitioner
1.
versus
The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(30) WRIT PETITION NO.8007 OF 2010
Samarth Raosaheb Baba Patil
Vikas Mandal, Ansurda, Tq.
and District Osmanabad,
through its Secretary Pratibha
d/o Bhalchandra Jadhav, age
37 years, occup. household,
r/o Ansurda, Tq.& District
Osmanabad. Petitioner
versus
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1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Osmanabad,
District Osmanabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
ig WITH
(31) WRIT PETITION NO.8010 OF 2010
Samarth Raosaheb Baba Patil
Vikas Mandal, Ansurda, Tq.
and District Osmanabad,
through its Secretary Pratibha
d/o Bhalchandra Jadhav, age
37 years, occup. household,
r/o Ansurda, Tq.& District
Osmanabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education Officer (Primary)
Zilla Parishad, Osmanabad,
Dist. Osmanabad..
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
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WITH
(32) WRIT PETITION NO.8032 OF 2010
Shri Kauthaleshwar Shikshan
Sanstha, Kauthala, through
its Secretary Shankarrao
s/o Hanumantrao Hude, age
49 years, occup. agril.,
r/o at post Kauthala, Tq.
Devni, District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Latur
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(33) WRIT PETITION NO.8033 OF 2010
Narmadabai Burange
Bahuuddeshiya Vikas Mandal,
through its President Shivaji
Bala Burange, age 32 years,
occup. agril. r/of Harsul,
Tq. and District Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
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21
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Secondary)
Zilla Parishad, Aurangabad. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(34) WRIT PETITION NO.8034 OF 2010
Kai. Trambak Bapuji Shikshan
Sanstha, through its President
Sanjay Anantrao Mahajan, age
32 years, occup. business,
r/of plot Nos.30-31, Shahu
Nagar, near, Bhoomi Abhilekh
Office, Jalgaon Road, Sillod,
District Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
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22
WITH
(35) WRIT PETITION NO.8035 OF 2010
Krushnai Shikshan Prasarak
Mandal, Latur, Tq. and Dist.
Latur, through its Secretary,
Dr.Babasaheb s/o Manohar Gore,
age 48 years, occup. service,
r/of 'Dhananjay' Shyamnagar,
Latur, Tq. and Dist. Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
------------------------------------------------------
Shri S.S.Jadhvar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(36) WRIT PETITION NO.8038 OF 2010
Chatrapati Shivaji Bahuuddeshiya
Gramin Vikas Sevabhavi Shikshan
Sanstha, Kingaon, Tq.Ahmedpur,
District Latur, through its
Secretary Babanrao Sambhaji
Ghodke, age 38 years, occup.
agril., r/o Kingaon, Taluka
Ahmedpur, District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
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23
--------------------------------------------------------
Shri S.S.Jadhvar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(37) WRIT PETITION NO.8039 OF 2010
Nehru Yuva Mandal, Pangaon,
Tq. Renapur, District Latur,
through President Raghunath
s/o Venkatrao Chavan, age
24 years, occup. agril., r/o
Pangaon, Tq. Renapur, Dist.
Latur. Petitioner
versus
1.
The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhvar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(38) WRIT PETITION NO.8040 OF 2010
Krushnai Shikshan Prasarak
Mandal, Latur, Tq. and Dist.
Latur, through its Secretary,
Dr.Babasaheb s/o Manohar Gore,
age 48 years, occup. service,
r/of 'Dhananjay' Shyamnagar,
Latur, Tq. and Dist. Latur. Petitioner
versus
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24
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Latur,Dist.Latur
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhvar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(39) WRIT PETITION NO.8041 OF 2010
Yashwant Sevabhavi Sanstha,
Wanjarkheda, Tq. and Dist.
Latur, through its Secretary
Pandit s/o Daulatrao Kadam,
age 32 years, occup.business,
r/o Wanjarkheda, Taluka
and District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad,Latur, Dist.Latur
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S. Jadhvar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
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25
WITH
(40) WRIT PETITION NO.8042 OF 2010
Late Rangrao Deshmukh Shikshan
Prasarak Mandal, Shivni (Bk.)
Tq. Ausa, Dist. Latur, through'
its Secretary Subhash s/of
Rangrao Deshmukh, age 58 years,
occupation service, r/of
"Teveni", Ausa Road, latur, Tq.
and District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad,Latur, Dist.Latur.
3. The Director of Education,
Maharashtra State, Pune. Respondents
------------------------------------------------------
Shri S.S. Jadhvar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(41) WRIT PETITION NO.8043 OF 2010
Shri Shamgir Shikshan Sanstha
Latur, through its Executive
President Vasantrao Gunwantrao
Patil, age 65 years, occup.
social work, r/of Bhagya Joti
Niwas, Vitthal Society,
Nanded Road, Latur, Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education
Mantralaya, Mumbai-32.
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26
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(42) WRIT PETITION NO.8045 OF 2010
Shri Kauthaleshwar Shikshan
Sanstha, Kauthala, through
its Secretary Shankarrao
s/o Hanumantrao Hude, age
49 years, occup. agril.,
r/o at post Kauthala, Tq.
Devni, District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Latur.
3. The Director of Education,
Maharashtra State, Pune. Respondents
------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(43) WRIT PETITION NO.8046 OF 2010
Shri Kauthaleshwar Shikshan
Sanstha, Kauthala, through
its Secretary Shankarrao
s/o Hanumantrao Hude, age
49 years, occup. agril.,
r/o at post Kauthala, Tq.
Devni, District Latur. Petitioner
versus
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27
1. The State of Maharashtra,
through its Secretary,
Department of Education
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. NANDED.
3. The Director of Education,
Maharashtra State, Pune. Respondents
------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(44) WRIT PETITION NO.8048 OF 2010
Matoshri Harnabai Rashtriya
Pratishtan, Gandhi Nagar,
Nanded, Taluka & Dist.Nanded,
through its President,
Madhav s/o Gyanoba Baswante
age 40 years, occup. service,
President of above Institution,
r/o Gandhi Nagar, Nanded,
Taluka and District Nanded. Petitioner
versus
1. The State of Maharashtra,
through its Secretary to
Government of Maharashtra,
Department of School
Education and Sports,
Mantralaya, Mumbai-32.
2. The Director of Education,
(Secondary Education),
Maharashtra State,
Central Building, Pune.
3. The Deputy Director of
Education, Latur Region,
Latur, District Latur. Respondents
--------------------------------------------------------
Shri R.R.Suryawanshi, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
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28
WITH
(45) WRIT PETITION NO.8051 OF 2010
Shivajagruti Bahuuddeshiya
Vikas Mandal, Nalegaon,
Taluka Chakur, Dist.Latur,
through its Secretary,
Madhav s/o Baburao Gangapure,
age 35 years, occup. Agril.
r/of Shivanandnagar,Nalegaon
Tq. Chakur, Dist. Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.S.Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(46) WRIT PETITION NO.8052 OF 2010
Shri Kauthaleshwar Shikshan
Sanstha, Kauthala, through
its Secretary Shankarrao
s/o Hanumantrao Hude, age
49 years, occup. agril.,
r/o at post Kauthala, Tq.
Devni, District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. LATUR.
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29
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(47) WRIT PETITION NO.8053 OF 2010
Shri Kauthaleshwar Shikshan
Sanstha, Kauthala, through
its Secretary Shankarrao
s/o Hanumantrao Hude, age
49 years, occup. agril.,
r/o at post Kauthala, Tq.
Devni, District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. LATUR.
3. The Director of Education,
Maharashtra State, Pune. Respondents
------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt.Govt.Pleader for Respondents.
--------------------------------------------------------
WITH
(48) WRIT PETITION NO.8057 OF 2010
Shri Samarth Raosaheb Baba Patil
Vikas Mandal, Ansurda, Taluka
and District Osmanabad,through
its Secretary Pratibha d/o
Bhalchandra Jadhav, age 37
years, occup. household, r/o
Ansurda, Taluka & Dist.Osmanabad. Petitioner
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30
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary)
Zilla Parishad, Osmanabad. Respondents
--------------------------------------------------------
Shri S.S. Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt. Government Pleader for the
Respondents.
--------------------------------------------------------
(49) WRIT PETITION NO.8064 OF 2010
Shri Janta Vikas Bahuuddeshiya
Shikshan Prasarak Mandal,
Aurangabad, through its
President Shri Vilas s/o
Girijaram Jadhav, age 32
years, occup. agril., r/of
N-11, H-9/9, Navnath Nagar,
Hudco, Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G.Jadhavar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt. Government Pleader for the
Respondents.
--------------------------------------------------------
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31
WITH
(50) WRIT PETITION NO.8065 OF 2010
Shiv Chhatrapati Vidya
Shikshan Prasarak Mandal,
through its President
Shivajirao Ramrao Bhosle,
age 50 years, occup.Agril.,
r/o Handarguli, Tal.Udgir,
District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary),
Zilla Parishad, District Latur.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner.
Smt.A.V.Gondhalekar, Asstt. Government Pleader for the
Respondents.
--------------------------------------------------------
WITH
(51) WRIT PETITION NO.8066 OF 2010
Jayshriram Mahila Bahuuddeshiya
Shaikshanik Sanstha, through its
Secretary, Sangita Bhausaheb Tathe,
age 41 years, occup. household,
r/of N-11, C-4, 13/3, Gajanan nagar,
Hudco, Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
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32
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K. Tambe, Asst. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(52) WRIT PETITION NO.8067 OF 2010
Anand Pratisthan, Mandna,
Tq. Sillod, Dist.Aurangabad,
through its President,
Sandu s/o Ananda Lokhande,
age 52 years, occup.Ex-MLA,
social worker, resident of
Mandna, post Undangaon,
Tq. Sillod, Dist.Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary),
Zilla Parishad, District Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asst. Government Pleader for the Respondents.
--------------------------------------------------------
WITH
(53) WRIT PETITION NO.8068 OF 2010
Shri Janta Vikas Bahuuddeshiya
Shikshan Prasarak Mandal,
Aurangabad, through its
President, Shri Vilas Girjaram
Jadhav, age 32 years, occup.
agril. r/o N-11 H-9/9, Navnath
Nagar, Hudco, Aurangabad. petitioner
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33
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(54) WRIT PETITION NO.8069 OF 2010
Bhagwangad Shikshan Prasarak
Mandal, Beed, through its
Secretary Shri Gopalrao s/o
Govind Misal, age 60 years,
occupation: Agri. r/o Jawahar
Colony, Nagar Road, Beed. Petitioner.
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, District Beed.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(55) WRIT PETITION NO.8070 OF 2010
Renuka Charitable Trust,
through its President,
Shri Madhavrao Hanumantrao
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34
Patil, age 43 years, occup.
Social Work, r/of Laxmi
Colony, Ausa Road, Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
ig WITH
(56) WRIT PETITION NO.8071 OF 2010
Narmadabai Burange Bahuuddeshiya
Vikas Mandal, through its
President Shivaji Bala Burange,
age 32 years, occup. agril.
r/o Harsul, Tq. & Dist.Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(57) WRIT PETITION NO.8073 OF 2010
Murdeshwar Shikshan Sanstha,
through its President Shri
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35
Sarjerao Tejerao Shinde,
age 48 years, occup. Agril.
r/of N-11, B-31/1, Hudco,
Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(58) WRIT PETITION NO.8074 OF 2010
Krashi and Gramin Vikas
Pratisthan, Ambekohal,
Aurangabad, through its
President Shri Shivaji
Bhausaheb Bankar, age
48 years, occup. service,
r/o "Sahyadri", 22/P,
Vinayak Nagar, Jawahar
Colony, Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
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36
--------------------------------------------------------
WITH
(59) WRIT PETITION NO.8075 OF 2010
Anand Pratisthan, Mandna,
Tq. Sillod, Dist.Aurangabad,
through its President,
Sandu s/o Ananda Lokhande,
age 52 years, occup.Ex-MLA,
social worker, resident of
Mandna, post Undangaon,
Tq. Sillod, Dist.Aurangabad. Petitioner
versus
1.
The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(60) WRIT PETITION NO.8076 OF 2010
Anand Pratisthan, Mandna,
Tq. Sillod, Dist.Aurangabad,
through its President,
Sandu s/o Ananda Lokhande,
age 52 years, occup.Ex-MLA,
social worker, resident of
Mandna, post Undangaon,
Tq. Sillod, Dist.Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
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37
2. The Education Officer (Secondary)
Zilla Parishad, Dist.Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(61) WRIT PETITION NO.8077 OF 2010
Dnyanvaibhav Shikshan Sanstha,
Parali-Vaijnath, Taluka Parali,
District Beed, through its
President Limbraj Ramchandra
Jadhav, age 39 years occup.
Agril., r/o Shastri Colony,
Sillod, Dist. Aurangabad. Petitioner
versus
1.
The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Jalna.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(62) WRIT PETITION NO.8080 OF 2010
Shri Janta Vikas Bahuuddeshiya
Shikshan Prasarak Mandal,
Aurangabad, through its
President, Shri Vilas Girjaram
Jadhav, age 32 years, occup.
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38
agril. r/o N-11 H-9/9, Navnath
Nagar, Hudco, Aurangabad. petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist.Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(63) WRIT PETITION NO.8081 OF 2010
Shri Janta Vikas Bahuuddeshiya
Shikshan Prasarak Mandal,
Aurangabad, through its
President, Shri Vilas Girjaram
Jadhav, age 32 years, occup.
agril. r/o N-11 H-9/9, Navnath
Nagar, Hudco, Aurangabad. petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist.Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
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39
WITH
(64) WRIT PETITION NO.8082 OF 2010
Anand Pratisthan, Mandna,
Tq. Sillod, Dist.Aurangabad,
through its President,
Sandu s/o Ananda Lokhande,
age 52 years, occup.Ex-MLA,
social worker, resident of
Mandna, post Undangaon,
Tq. Sillod, Dist.Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist.Aurangabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(65) WRIT PETITION NO.8084 OF 2010
Krashi and Gramin Vikas
Pratisthan, Ambekohal,
Aurangabad, through its
President Shri Shivaji
Bhausaheb Bankar, age
48 years, occup. service,
r/o "Sahyadri", 22/P,
Vinayak Nagar, Jawahar
Colony, Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
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40
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(66) WRIT PETITION NO. 8087 OF 2010
Sane Guruji Shikshan Sanstha
through its President Shri
Dhairyashil Nandakumar Patil,
age major, occup. agril., r/o
Nanduri, Tq. Tuljapur,
District Osmanabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of School Education,
& Sports, Mantralaya, Mumbai-32.
2. The Education Officer (Primary)
Zilla Parishad, Dist. Osmanabad.
3. The Director of Education,
Maharashtra State, Pune. Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(67) WRIT PETITION NO.8091 OF 2010
Matoshri Harnabai Rashtriya
Pratisthan, Gandhi Nagar,
Nanded, Taluka & Dist.Nanded,
through its President Madhav
Gyanoba Baswante, age 40 yrs.,
occup. service, President of
above Institution, r/of Gandhi
Nagar, Nanded, Tq. & Dist.Nanded. Petitioner
::: Downloaded on - 09/06/2013 16:24:30 :::
41
versus
1. The State of Maharashtra,
through its Secretary to
Govt. of Maharashtra,
Department of School Education
and Sports, Mantralaya,Mumbai-32.
2. The Director of Education,
(Primary Education) Maharashtra
State, Central Building, Pune.
3. The Dy. Director of Education,
Latur Region, Latur, Dist.Latur Respondents
--------------------------------------------------------
Shri S.G. Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(68) WRIT PETITION NO.5626 OF 2010
Purna Kaveri Education Society,
through its President Shri
Ravindra s/o Daulatrao Patil,
age 44 years, occup.business,
r/of Sillod, Taluka Sillod,
District Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
School Education and Sports
Department, Mantralaya,Mumbai-32.
2. The Education Officer,(Secondary)
Zilla Parishad, Aurangabad.
3. The Director of Education,
Maharashtra State, Pune Respondents
--------------------------------------------------------
Shri U.B.Bondar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
::: Downloaded on - 09/06/2013 16:24:30 :::
42
WITH
(69) WRIT PETITION NO.7348 OF 2010
Purna Kaveri Education Society,
through its President Shri
Ravindra s/o Daulatrao Patil,
age 44 years, occup.business,
r/of Sillod, Taluka Sillod,
District Aurangabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
School Education and Sports
Department, Mantralaya,Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune Respondents
--------------------------------------------------------
Shri U.B.Bondar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(70) WRIT PETITION NO.8194 OF 2010
Pradnya Karuna Education Society,
Chautha, Tq. and Dist. Buldhana,
through its President Trimbakrao
Namdeorao Napte, age 45 years,
occup. social service,
r/o Chautha, Tq. & Dist.Buldhana. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
School & Education Department,
Mantralaya,Mumbai-32.
::: Downloaded on - 09/06/2013 16:24:30 :::
43
2. The Deputy Director of
Education, Aurangabad Division,
Aurangabad.
3. The Education Officer (Secondary)
Zilla Parishad, Aurangabad. Respondents
--------------------------------------------------------
Shri B.S.Shinde, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(71) WRIT PETITION NO.8195 OF 2010
Pradnya Karuna Education Society,
Chautha, Tq. and Dist. Buldhana,
through its President Trimbakrao
Namdeorao Napte, age 45 years,
occup. social service,
r/o Chautha, Tq. & Dist.Buldhana. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
School & Education Deptt.
Mantralaya, Mumbai-32.
2. Deputy Director of Education,
Nashik Division, Nashik.
3. The Education Officer (Secondary)
Zila Parishad, Jalgaon.
------------------------------------------------------
Shri B.S.Shinde, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(72) WRIT PETITION NO.8199 OF 2010
Shivaji Tarun Mandal,
Jalkot, Taluka Tuljapur,
District Osmanabad, through
its Joint Secretary, Mahesh
Bankatrao Kadam, age 40 yrs.,
occup. agril., r/o Jalkot,
::: Downloaded on - 09/06/2013 16:24:30 :::
44
Tq. Tuljapur, Dist.Osmanabad. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary)
Zilla Parishad, Osmanabad..
--------------------------------------------------------
Shri S.S.Jadhavar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(73) WRIT PETITION NO.8140 OF 2010
Gajanan Maharaj Bahuuddeshiya
Seva Bhavi Sanstha, Gosegaon,
through its President Ganesh
s/o Laxmanrao Ghode, age 51
years, occup. agril., r/of
Gosegaon, Tq. Bhokaran,
District Jalna. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Department of Education,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary)
Zilla Parishad, Dist. Jalna.
3. The Director of Education,
Maharashtra State, Pune.
--------------------------------------------------------
Shri S.G.Rudrawar, Advocate for the Petitioner. Shri
S.K.Tambe, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
::: Downloaded on - 09/06/2013 16:24:30 :::
45
WITH
(74) WRIT PETITION NO.7454 OF 2010
Saint Tukaram Bahuuddeshiya
Sanstha, Dapegaon, Tq. Ausa,
District Latur, through its
Secretary Vyankat Tukaram
Bansode, age 40 years, occup.
Service, r/of Driver Colony,
Old Ausa Road, Latur,
District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Deptt.of School Education
& Sports, Mantralaya,Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary)
Zilla Parishad, Latur,
District Latur.
--------------------------------------------------------
Shri G.V.Mohekar, Advocate for the Petitioner. Shri
N.B.Patil, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(75) WRIT PETITION NO.7455 OF 2010
Mauli Shikshan Prasarak Mandal,
Ambejogai Road, Latur, through
its Secretary Gangadhar Vyankatrao
Aradle, age 40 years, occup.
service, r/o Ambejogai Road,
near Amba Hanuman, Latur,
District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Deptt.of School Education
& Sports, Mantralaya,Mumbai-32.
::: Downloaded on - 09/06/2013 16:24:30 :::
46
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary)
Zilla Parishad, Latur,
District Latur.
--------------------------------------------------------
Shri G.V.Mohekar, Advocate for the Petitioner. Shri
N.B.Patil, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(76) WRIT PETITION NO.7456 OF 2010
Trimbakeshwar Shikshan Prasarak
Mandal, Latur, District Latur,
through its Secretary Sanjay
Bhagwanrao Suryawanshi, age 41
years, occup. service, r/of
Latur, District Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Deptt.of School Education
& Sports, Mantralaya,Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Secondary)
Zilla Parishad, Latur,
District Latur.
--------------------------------------------------------
Shri G.V.Mohekar, Advocate for the Petitioner. Shri
N.B.Patil, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(77) WRIT PETITION NO.7457 OF 2010
Akshar Bahuuddeshiya Seva
Bhavi Sanstha, Prakash nagar,
Barshi Road-2, Latur, through
its Secretary Bashir s/o
Osman Shaikh, age 41 years,
occup.service, r/o Prakash
Nagar, Latur, Dist. Latur. Petitioner
::: Downloaded on - 09/06/2013 16:24:30 :::
47
versus
1. The State of Maharashtra,
through its Secretary,
Deptt.of School Education
& Sports, Mantralaya,Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary)
Zilla Parishad, Latur,
District: Latur.
--------------------------------------------------------
Shri G.V.Mohekar, Advocate for the Petitioner. Shri
N.B.Patil, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
WITH
(78) WRIT PETITION NO.7478 OF 2010
Vitthalsai Shikshan Va Seva
Bhavi Sanstha, Deep Jyoti Nagar,
Latur, District Latur, through
its Secretary, Balaji s/o Wamanrao
Jadhav, age major, occup. service,
r/of Latur, Tq. and Dist. Latur. Petitioner
versus
1. The State of Maharashtra,
through its Secretary,
Deptt.of School Education
& Sports, Mantralaya,Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Secondary)
Zilla Parishad, Nanded, Dist.Nanded Respondents
--------------------------------------------------------
Shri G.V.Mohekar, Advocate for the Petitioner. Shri
N.B.Patil, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
::: Downloaded on - 09/06/2013 16:24:30 :::
48
WITH
(79) WRIT PETITION NO.7480 OF 2010
Lal Bahadur Shastri Shikshan
Prasarak Mandal, Latur, Dist.
Latur, through its Secretary,
Gunderao s/o Vishwambhar Mane,
age___ years, occup. service,
r/o Latur, Tq.and Dist, Latur. Petitioner.
versus
1. The State of Maharashtra,
through its Secretary,
Deptt.of School Education
& Sports, Mantralaya,Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Secondary)
Zilla Parishad, Latur,
District Latur. Respondents
--------------------------------------------------------
Shri G.V.Mohekar, Advocate for the Petitioner. Shri
N.B.Patil, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
(80) WITH WRIT PETITION NO.7488 OF 2010
Shiv Samarth Bahuuddeshiya
Seva Bhavi Sanstha, Latur,
Dist.Latur, through its
Secretary,Sabjay Bhagwanrao
Suryawanshi,age 41 years,
occup. service, r/of Latur,
District Latur. Petitioner.
versus
1. The State of Maharashtra,
through its Secretary,
Deptt.of School Education
& Sports, Mantralaya,Mumbai-32.
2. The Director of Education,
Maharashtra State, Pune.
3. The Education Officer (Primary)
Zilla Parishad, Latur,Dist.Latur Respondents.
--------------------------------------------------------
Shri G.V.Mohekar, Advocate for the Petitioner. Shri
N.B.Patil, Asstt. Government Pleader for Respondents.
--------------------------------------------------------
::: Downloaded on - 09/06/2013 16:24:30 :::
49
Coram : R.S. Mohite and
Shrihari P.Davare, J.
Date : 7nd September, 2010
ORAL JUDGMENT. (Per: Mohite, J.
)
01. This is a batch of Writ Petitions challenging either the communications/orders issued by the State Government dated 4.6.2010 and/or consequent communications by the subordinate Education Officers to the petitioners, informing them that their applications/proposals seeking permission to open new Primary/Secondary Schools in Marathi Medium have been rejected.
02. Rule in all the petitions. By consent of learned counsel for the parties, Rule is made returnable forthwith and the matters are taken up for final hearing at the admission stage itself.
All these petitions are heard together and are being disposed of by common judgment as common issues are involved in all these petitions.
::: Downloaded on - 09/06/2013 16:24:30 ::: 5003. Shri N.B.Khandare, learned Government Pleader, states that the Government has filed an affidavit-
in-reply in Writ Petition No.7472 of 2010 and since the issue involved in all the Writ Petitions is common, the said reply may be treated and read as reply in all other Writ Petitions.
04. All the petitions are filed by non minority institutions taking exception to the two communication dated 4.6.2010. The first communication dated 4.6.2010 bearing No.2010/ (405/10)/MASHI-1 issued by Under Secretary to the Government of Maharashtra, Department of School Education and Sports, is addressed to the Director of Education (Secondary and Higher Secondary, Maharashtra State, Pune, All Regional Deputy Directors (Education) and Education Officers (Secondary), Zilla Parishads.
05. By the said communication, rejections of all the pending applications/proposals by the petitioners and others seeking permission for starting Marathi Medium Secondary Schools has been ::: Downloaded on - 09/06/2013 16:24:30 ::: 51 informed to the aforesaid addressees. There is a general statement made that all pending proposals have been rejected after they have been individually examined. The communication further mentions that in the future, while granting permission to new schools, the population in the area, number of running schools, gross enrollment ratio, provisions in the Right to Education Act etc. will be taken into account and on this basis, the Government has decided to prepare a mapping of Secondary Schools and has commenced the process in this regard and the applications for permission to start the schools will be invited afresh, only after this process is completed. This communication pertains only to rejection of pending applications for permission to start the secondary schools.
06. The second communication dated 4.6.2010 bearing No. PRASHYANYA 1910/(388/10)PRASHI-3 is issued by Desk Officer, Department of School Education and Sports, Government of Maharashtra. It is addressed to the Director of Education ::: Downloaded on - 09/06/2013 16:24:30 ::: 52 (Secondary and Higher Secondary), Maharashtra State, Pune, All Regional Deputy Directors (Education) and all Education Officers (Primary), Zilla Parishads. By this communication, the addressees are informed that all pending applications seeking permission to start Primary Schools have been rejected in the same manner and for the same reasons. This communication is almost paramateria with the communication dated 4.6.2010 pertaining to Secondary Schools.
07. Based upon aforesaid two communications dated 4.6.2010, the Education Officers have communicated to the petitioner-institutions that their applications for grant of permission to open the school (whether Primary or Secondary) have been rejected.
08. A brief mention of the history of relevant facts which led to the issuance of the aforesaid two communications dated 4.6.2010 and consequent orders of the Education Officers, would be relevant.
::: Downloaded on - 09/06/2013 16:24:30 ::: 5309. Vide a Circular dated 29.4.2008, which was also published by public notice, the Government of Maharashtra had invited applications from various Educational institutions for the purpose of starting Primary, Secondary and Higher Secondary Schools on a permanent no grant-in-aid basis as per the then existing policy. A Cabinet Sub-committee comprising of the Chief Minister, Deputy Chief Minister, Minister (School Education) and State Minister (School Education) was constituted for the purpose of examining proposals to be received. In all, 7840 proposals were received by the Government for grant of permission to start the schools in response to the said circular dated 29.4.2008 As per then existing procedure, two committees, namely, District Level Committee and the State Level Committee were supposed to scrutinize the proposals and forward the same to the Government with their remarks and recommendations for being placed before the cabinet sub committee for appropriate decision. Accordingly, the cabinet sub committee took a decision on such proposals which ::: Downloaded on - 09/06/2013 16:24:30 ::: 54 was reflected in the Government Resolutions dated 27.7.2009, 24.8.2009 and 27.8.2009. In so far as the proposals for opening of Primary and Secondary Schools (Marathi Medium) are concerned, the Government, in its cabinet meeting dated 16.6.2009, had decided not to grant any permission until the need of the schools and the locations were identified and a master plan in that regard is prepared. As at the relevant time, the policy in existence was that such school shall be permitted to be opened only on a permanent non-grant basis, the Government decided to delete the word "permanent" with a view to bring all permanent non grant basis schools, except English medium schools, on grant-in-aid basis in a phased manner as enumerated in the government policy.
10. The institutions/managements aggrieved by the aforesaid government decision, approached this Court by filing different Writ Petitions. The said batch of writ petitions, headed by Writ Petition No.345 of 2010 (Asha Seva Bhavi Sanstha vs. State of Maharashtra) came to be heard by ::: Downloaded on - 09/06/2013 16:24:30 ::: 55 Division Bench of this Court on 23.3.2010 and judgment was reserved on that day. The judgment was delivered on 8.4.2010.
11. On 1.4.2010, i.e. before pronouncement of judgment in aforesaid batch of writ petitions on 8.4.2010, a new enactment i.e. "The Right of Children to Free and Compulsory Education Act, 2009" was brought into force. The judgment delivered on 8.4.2010 also took into account provisions of the said Act. After exhaustive discussion and consideration of legal provisions, the Division Bench of this Court reached several conclusions which were enumerated in paragraphs 82 of its judgment, which are as follows:
"82. To sum up, we conclude that;
(a) Right to establish an educational institution of its choice on permanent no grant basis, is a fundamental right guaranteed to all the citizens within the meaning of Article 19(1)(g) of the Constitution of India.::: Downloaded on - 09/06/2013 16:24:30 ::: 56
(b) That fundamental right, however, cannot be confused with the right to ask for recognition of the School.
(c) The proposals for recognitions of the school to be established by the private management on "permanent no grant basis and not receiving any other aid whatsoever" from the Government, will henceforth have to fulfill the conditions specified, amongst others, in Sections 12, 19, 25 read with Schedule of the Act of 2009 and of the Rule 3.2 of the Code (for Secondary/Higher Secondary School) or Rule 107 of Rules 1949 (for Primary School), as the case may be, and also in the recognition order itself.
(d) Indeed, it will be open to the State to impose strictest terms and conditions including, inter-alia, mentioned by us in Paragraph 67 above, fulfilment whereof can be made precondition for grant of recognition and continuation thereof, by the private schools to be established and run on no grant-in-aid basis and without receiving any other aid whatsoever from the Government. The terms and conditions, however, will have to be reasonable restrictions and in the interests of the general public.::: Downloaded on - 09/06/2013 16:24:30 ::: 57
(e) The unaided Schools so established and recognised will be obliged to admit specified percentage of children in the neighbourhood belonging to weaker section and dis-advantaged group and provide free and compulsory elementary education to them till its completion, as per the mandate of Section 12(1)(c) of the Act of 2009.
(f) The unaided schools, however, would be entitled only for reimbursement of the expenditure incurred by it to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed, in terms of Section 12(2) of the Act of 2009.
(g) These unaided schools after grant of recognition cannot stake claim for grants in aid, or any other kind of aid from the Government, at a later point of time, as a matter of right.
(h) Initially provisional recognition shall be granted to the unaided private Secondary/Higher Secondary School, if it fulfils the conditions specified in Act of 2009 and Rule 3.2 of the Code for grant of ::: Downloaded on - 09/06/2013 16:24:30 ::: 58 recognition, as provided in Rule 4.1 of the Secondary Schools Code; and recognition shall be granted to unaided private primary school, if it fulfills the conditions specified in Act of 2009 and Rule 107 of the Rules of 1949, as provided in Section 39 of the Act of 1947 read with Rule 107 of the Rules of 1949.
(i) It will be open to the Government to consider to amend the opening part of Rule 107(1) of the Rules of 1949 so as to make it consistent with Section 18 of the Act of 2009 as also to provide for the regime of issuance of provisional recognition to even primary Schools in the first place as per the mechanism provided in Rule 4.1 of the Code.
(j) The pre-existence of a perspective plan or inclusion of the location in the perspective plan or School Development Plan, as the case may be, for considering the proposals for recognition of the "private unaided schools"- on permanent no grant-in-aid basis or not receiving any other aid form the Government whatsoever, cannot be a condition precedent.
(k) The perspective plan or School Development Plan will be relevant and ::: Downloaded on - 09/06/2013 16:24:30 ::: 59 ought to be insisted upon only in relation to proposals for establishment of schools on "grant-in-aid basis or receiving any other aid" from the Government.
(l) The impugned decision of the State reflected in the Government Resolution dated 20th July, 2009 to cancel all the proposals for permission to start "Marathi medium" schools by issuing one executive fiat or blanket order on the premise that such proposals can be considered only after the enforcement of the perspective plan, is illegal and unconstitutional being discriminatory and arbitrary and also suffers from the vice of non-application of mind.
(m) We further hold that the provisions of the Secondary Schools Code relating to permission under Rules 2.1 to 2.14 of the Code and Rule 106 of the Rules of 1949 to start a school would apply only to the proposals for establishing a school on "grant-in-aid basis or receiving any other aid" from the Government. However, even after grant of permission, such school shall not function or run until the grant of recognition, as per Section 18 of the Act of 2009. Only on this interpretation the constitutional validity of the ::: Downloaded on - 09/06/2013 16:24:30 ::: 60 abovesaid provisions and the opening part of Rule 107(1) of the Rules of 1949 can be saved.
(n) We also hold that the State shall forthwith consider the proposals of all the private institutions "for grant of recognition" for Marathi medium School-on permanent no grant in aid basis and not receiving any other aid from the Government whatsoever, in the given locality on its own merits and in accordance with law.
(o) That be done expeditiously and the decision so taken be communicated to the concerned Management, in any case, not later than 31st May, 2010, so that, if recognition were to be granted, the concerned School can commence at the beginning of the academic year 2010-2011, from June, 2010.
(p) We have also made some broad suggestions in Paragraph 62, as to the factors to be considered and remedial measures taken before finalizing the perspective plan or School Development plan. We hope and trust that the Government would consider the same in right earnest.::: Downloaded on - 09/06/2013 16:24:30 ::: 61
(q) We therefore allow these Petitions on the above terms. "
12. In paragraph 83 of the said judgment, the Division Bench made Rule absolute in all the petitions and directed the State Government to examine every individual proposal of the concerned private management "for recognition" of Marathi medium school on permanent no grant basis and without receiving any other aid from the Government on its own merits, in accordance with law.
13. In pursuance of the directions given by Division Bench in the aforesaid judgment, the Government of Maharashtra reconsidered all the applications/proposals and passed orders of rejections of applications seeking permission to start primary and Secondary schools in Marathi Medium which were communicated to the Director of Education (Secondary and Higher Secondary, Maharashtra State, Pune, All Regional Deputy Directors (Education) vide two communications dated 4.6.2010 referred to hereinabove. Consequent ::: Downloaded on - 09/06/2013 16:24:30 ::: 62 thereto, these rejections were further communicated by the subordinate officers, namely, the Education Officers to the concerned institutions-managements.
14. We have heard learned Counsel for the parties at length. Although it does appear that the earlier Division Bench judgment took into account the provisions of the Right of Children to Free and Compulsory Education Act, 2009 which came into force after the judgment was reserved by the Division Bench referred to hereinabove, the learned Counsel for all the parties stated that they have no grievance as regards conclusions/directions as contained in paragraph 82 of the said judgment.
15. Since there is controversy about the directions given in the above referred judgment of the Division Bench and since the State has contended that it has implemented the said directions by taking decisions on each application/ proposal individually and communicated the same by the two communications/orders both dated 4.6.2010 ::: Downloaded on - 09/06/2013 16:24:30 ::: 63 to all the concerned officers in the Education Department, the only two questions which are required to be addressed are;
(1) Whether the directions given by the Division Bench of this Court in the batch of writ petitions headed by Writ Petition No. 345 of 2010 (Asha Seva Bhavi Sanstha vs. State of Maharashtra), have been properly complied with or not by the State Government before issuing the two communications dated 4.6.2010 ?
(2) Whether any further directions, in addition to the directions in the said case of Asha Seva Bhavi Sanstha (supra) judgment of the Division Bench, are required to be given ?"
16. On the first aspect of the matter i.e. as to whether the the two communications dated 4.6.2010 are in compliance with the directions of the Division Bench of this Court, lengthy arguments were advanced.
17. However, it is not necessary to go into those submissions as the learned Govt.Pleader Shri ::: Downloaded on - 09/06/2013 16:24:30 ::: 64 Khandare has stated, on instructions, that the two circulars/communications dated 4.6.2010 pertaining to the Secondary School and Primary School respectively stand withdrawn by the Government.
This would necessary mean that all consequent communications/ orders issued by the subordinate education authorities to the various educational institutions / managements based upon the said two communications dated 4.6.210 also stand withdrawn.
Therefore, once the said two communications dated 4.6.2010 are withdrawn, the applications made by the educational institutions/managements would automatically be revived. The sole question that needs consideration is as to how these applications are to be dealt with.
18. It is noticed that in clause (h) of paragraph 82 of the judgment of Division Bench which is quoted hereinabove, it is directed that the grant of provisional recognition, as provided in Rule 4.1 of the Secondary Schools Code, is to be considered. For the purpose of convenience, said clause (h), which would be the first step that the ::: Downloaded on - 09/06/2013 16:24:30 ::: 65 State Govt. will have to take on the pending applications, is again reproduced hereinbelow.
"(h) Initially provisional recognition shall be granted to the unaided private Secondary/Higher Secondary School, if it fulfils the conditions specified in Act of 2009 and Rule 3.2 of the Code for grant of recognition, as provided in Rule 4.1 of the Secondary Schools Code; and recognition shall be granted to unaided private primary school, if it fulfills the conditions specified in Act of 2009 and Rule 107 of the Rules of 1949, as provided in Section 39 of the Act of 1947 read with Rule 107 of the Rules of 1949."
19. It is seen that, all the applications made by the petitioners are for opening either a primary or secondary school of Marathi Medium on a no grant-in-aid basis. The Division Bench in aforesaid judgment has observed that such institutions will also not be entitled to claim any aid or grant from the government in future, as a matter of right. The Division Bench has also observed that pre-existence of perspective plan or ::: Downloaded on - 09/06/2013 16:24:30 ::: 66 inclusion of the location in the perspective plan or School Development Plan, as the case may be, for considering the proposal for recognition of the "private unaided schools"- on permanent no grant-
in-aid basis or not receiving any other aid from the Government whatsoever, cannot be a condition precedent for consideration of the proposal. It is also seen that insofar as applying for provisional recognition is concerned, no particular form is prescribed under the Secondary Schools Code. It is noticed that in the case of Asha Seva Bhavi Sanstha (supra), the State Govt. was directed to forthwith consider the proposals of the private institutions "for grant of recognition" for Marathi medium School on permanent no grant-in-aid basis and not receiving any other aid from the Government whatsoever, in the given locality on its own merits and in accordance with law.
20. In the circumstances, we direct as follows:
::: Downloaded on - 09/06/2013 16:24:31 ::: 67(a) The State Government shall treat the applications made by the different petitioners in these writ petitions, as applications for grant of provisional recognition to be considered in accordance with clause (h) of paragraph 82 of the judgment of Division Bench in Asha Seva Bhavi Sanstha (supra). It is, however, made clear that such requirements, which apply only to pre-existing and running schools, will not be applicable to the applications of the petitioners which are for grant of provisional recognition to a new school. It is also further clarified that till provisional recognition is granted, the school will not actually be started.
(b) Petitioners will be at liberty to provide further information, if they so desire, to the Secretary (School Education) within a period of four weeks from today and within six weeks thereafter, the State Government will have liberty to issue requisitions calling for any information that may be desired by it.::: Downloaded on - 09/06/2013 16:24:31 ::: 68
Such requisitions, if received, will be replied to by the petitioners within a period of four weeks thereafter and then the pending applications will be disposed of on or before 31.3.2011.
(c) The decisions on the applications of the institutions/managements will be taken by the State Government on an individual basis and such decisions will be communicated to the respective petitioners. In case applications / proposals are rejected, specific reasons for such rejections will be given and communicated to the concerned petitioners.
21. Rule is made absolute in all writ petitions in aforesaid terms. All writ petitions stand disposed of, accordingly.
(SHRIHARI P. DAVARE, J.) (R.S. MOHITE, J.) pnd/wp7472.10 ::: Downloaded on - 09/06/2013 16:24:31 :::