MUSLIM EDUCATION SOCIETY, WARDHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Writ Petitions can be conveniently disposed of by this common judgment.

(2.) Rule in both Writ Petitions made returnable forthwith. The Writ Petitions are heard finally with the consent of the learned Counsel for the respective parties.

(3.) Writ petition no.2781 of 2013 has been preferred by the Muslim Education Society, Wardha being aggrieved by the deletion of its name from the list of Minority Institutions in Vidarbha. Consequentially, the communication dated 6-4-2013 issued by the Education Officer (Secondary) Zilla Parishad, Wardha is also challenged as in said communication, the name of the petitioner Society has not been shown as running a Minority School. According to said Society, on 1-6-1994, the Dy. Director of Education respondent No.4 had issued a communication recognizing the High School and Junior College run by said Society as a School run by the Minority Society and permission was, therefore, granted in terms of provisions of Section 3(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred as the said Act) to fill in four posts as envisaged in said provision. According to the Society, since said date, the School run by the Society is being managed and administered as a minority Institution. According to the Society even in the list of Minority Institutes its name was shown as being such institute since said date and even thereafter as per communication dated 2-5-2012 issued by respondent No.5. However, for the first time by communication dated 6-4-2013, it was noticed that the name of the petitioner institute was not included in the list of minority institutes for Wardha District. Being aggrieved by the deletion of its name from the list of minority institutions the Society has preferred the above writ petitions.