Writ Petition No. 14121 of 2023 · Bombay High Court
Case Details
1 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 908 WRIT PETITION NO.14121 OF 2023 1. 2. 1. 2. 3. 4. 1. Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur. Gulshan E-Atfal Urdu Primary School, Kharosa, Tq. Nilanga, Dist. Latur, Through its Headmaster Md. Imran s/o Abdul Hai, Age : 29 years, Occu. Service, R/o. Kharosa, Tq. Ausa, Dist. Latur. Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Primary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. ...Petitioners The Education Officer (Primary), Zilla Parishad, Latur. ....Respondents AND 909 WRIT PETITION NO.14122 OF 2023 Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, 2 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. 2. 1. 2. 3. 4. 1. 2. R/o. Nilanga, Tq. Nilanga, Dist. Latur. Gulshan E-Atfal Urdu Primary School, Chincholi (Sk.), Tq. Nilanga, Dist. Latur, Through its Headmaster Pathan Nisar Noor Mohammad, Age : 35 years, Occu. Service, R/o. Kasar Sirsi, Tq. Nilanga, Dist. Latur. Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Primary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. ...Petitioners The Education Officer (Primary), Zilla Parishad, Latur. ....Respondents AND 910 WRIT PETITION NO.14123 OF 2023 Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur.
Facts
Gulshan E-Atfal Urdu Primary School, Aurad (Sha), Tq. Nilanga, Dist. Latur, Through its Headmaster Nasima Firdous Mushtaqali, Age : 54 years, Occu. Service, R/o. Indira Nagar Aurad (Sha), Tq. Nilanga, Dist. Latur. Versus ...Petitioners 3 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. 1. 2. 3. 4. 1. 2. 1. 2. 3. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Primary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. The Education Officer (Primary), Zilla Parishad, Latur. ....Respondents AND 911 WRIT PETITION NO.14124 OF 2023 Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur. Rahimaniya Urdu High School, Aurad Sha, Tq. Nilanga, Dist. Latur, Through its Headmaster Mulla Khalil Usman, Age : 45 years, Occu. Service, R/o. Aurad Sha, Tq. Nilanga, Dist. Latur. Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Secondary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. ...Petitioners 4. The Education Officer (Secondary), 4 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. Zilla Parishad, Latur. ....Respondents AND 913 WRIT PETITION NO.14144 OF 2023 1. 2. 1. 2. 3. 4. 1. Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur. Rahimaniya Urdu High School, Nilanga, Tq. Nilanga, Dist. Latur, Through its Headmaster Mulla Khalil Usman, Age : 45 years, Occu. Service, R/o. Aurad Sha, Tq. Nilanga, Dist. Latur. Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Secondary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. ...Petitioners The Education Officer (Secondary), Zilla Parishad, Latur. ....Respondents AND 914 WRIT PETITION NO.14145 OF 2023 Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur. 5 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. 2. 1. 2. 3. 4. 1. 2. ...Petitioners Rahimaniya Urdu High School, Kasar Sirsi, Tq. Nilanga, Dist. Latur, Through its Headmaster Sayyed Wasiq Hashmi, Age : 45 years, Occu. Service, R/o. Mudgad Road, Kasar Sirsi, Tq. Nilanga, Dist. Latur. Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Secondary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. The Education Officer (Secondary), Zilla Parishad, Latur. ....Respondents AND 916 WRIT PETITION NO.14165 OF 2023 Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur. Gulshan E-Atfal Urdu Primary School, Kasar Sirsi, Tq. Nilanga, Dist. Latur, Through its Headmaster Shaikh Nisar Ahmad Bashiroddin, Age : 49 years, Occu. Service, R/o. Dutt Nagar, Nilanga, Tq. Nilanga, Dist. Latur. Versus ...Petitioners 6 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. 1. 2. 3. 4. 1. 2. 1. 2. 3. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Primary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. The Education Officer (Primary), Zilla Parishad, Latur. ....Respondents AND 917 WRIT PETITION NO.14166 OF 2023 Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur. Gulshan E-Atfal Urdu Primary School, Nilanga, Tq. Nilanga, Dist. Latur, Through its Headmaster Deshmukh Md. Shafique Ahemad Abdulkhadar, Age : 40 years, Occu. Service, R/o. Near Arya Samaj Old Saraf Line, Nilanga, Tq. Nilanga, Dist. Latur. ...Petitioners Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Primary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. 7 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. 4. 1. 2. 1. 2. 3. 4. The Education Officer (Primary), Zilla Parishad, Latur. ....Respondents AND 919 WRIT PETITION NO.14175 OF 2023 Rahimaniya Taleemi Society, Deshmukh Galli main road, Nilanga, Tq. Nilanga, Dist. Latur, Through its Secretary, Farooq Ahmed Abdul Khadar Deshmukh, Age : 43 years, Occu. Social-work, R/o. Nilanga, Tq. Nilanga, Dist. Latur. Gulshan E-Atfal Urdu Primary School, Halgara, Tq. Nilanga, Dist. Latur, Through its Headmaster Risalat Begum Abdul Khadar, Age : 45 years, Occu. Service, R/o. Arya Samaj, Nilanga, Tq. Nilanga, Dist. Latur. Versus The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai. The Director of Education (Primary), Maharashtra State, Pune. The Deputy Director of Education, Latur Division, Latur. ...Petitioners The Education Officer (Primary), Zilla Parishad, Latur. ....Respondents .............
Legal Reasoning
benefit of the decision of this Court in the matters of Maharashtra Urdu Shala Sangharsha Samiti, Aurangabad and others versus The State of Maharashtra and others [Writ Petition No. 9967 of 2013, decided on 12.08.2016]. The learned advocate for the petitioners submits that the petitioners have been pursuing matter since long but there is no response. 4. There are communications on the record showing that, indeed, the petitioners have been requesting respondent no. 4 – 9 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. Education Officer (Primary/Secondary), Zilla Parishad, Latur, to consider their request. 5. Learned advocate for the respondent no. 4 submits that the respondent no. 4 cannot take any decision, he can only make a proposal. 6. Without expressing any view on the merits, even by keep the issue open as to if the petitioners are entitled to derive the benefit of the decision of this Court in Writ Petition No. 9967 of 2013,
Arguments
Mr. V. S. Panpatte – Advocate for petitioners in all Writ Petitions Mr. A. S. Shinde – AGP for respondent/State Mr. V. C. Patil h/f Mr. U. B. Bondar – Advocate for respondent no. 4 in WP Nos. 14121/2023, 14122/2023, 14166/2023, 14175/2023, and for respondent no. 3 in WP Nos. 14123/2023, 14165/2023 ............. 8 908&Ors.odt This order is modified/corrected as per Speaking to the Minutes order dated 28/11/2023. CORAM : MANGESH S. PATIL AND NEERAJ P. DHOTE, JJ. DATED : 07 NOVEMBER 2023 PER COURT : - 1. Leave is granted to correct the day of the Government Resolution in all the petitions. Amendment to be carried out forthwith. 2. 3. Heard both the sides. The petitioners, which are minority institutes running primary / secondary schools, are awaiting decision of the authorities and claim to be entitled to admit 20 students in the primary / secondary schools and claim to be not governed by the Government Resolution dated 15.11.2011. They are also seeking to derive the
Decision
we dispose of the writ petitions by directing the respondent no. 4 to put up appropriate proposal, which shall be considered by the respondent nos. 1 and 2, on its own merits, within a period of four (04) months of receipt of the proposal. [NEERAJ P. DHOTE] [MANGESH S. PATIL] JUDGE JUDGE SG Punde