- (1.) This petition filed under Article 226 read with Articles 14 and 30 of the Constitution of India takes exception to the order dated 22.12.2000 passed by the Government of Maharashtra in School Education Department granting No-objection certificate in favour of respondent no.5 Urdu Education Society at Aurangabad. For opening a new D.Ed. college (Urdu Medium) for the academic year 2001-2002 and the subsequent permission granted by respondent nos.2 and 3 for affiliation to the respondent no. 5 for such a college.
(2.) The petitioner came to be registered under the Societies Registration Act as well as the Bombay Public Trusts Act, 1950 in the year 1988 and it has been running Kala Mahavidyalaya at Viha Mandwa Taluka Paithan district Aurangabad and a senior college alongwith Urdu Medium primary school at Katkatgate, Aurangabad. The Government of Maharashtra had issued a Government Resolution on 31.12.1999 in regard to grant of No-objection certificate of opening new D.Ed. colleges in the State and constituted a Committee at the district level Committee at the first instance and a High-powered Committee at the State level.
(3.) The first Committee consisted of the Education Officer (Primary), Education Officer (Secondary) of the concerned Zilla Parishad and Principal of District Education and Training institute. The second Committee was presided over by the Director, Maharashtra State Education, Research and Training Institute Council and consisting of the Director of Education as well as the Director. State Projects, Maharashtra State Education Council. The Director. Maharashtra State Education Research and Training Council issued a communication dated 10.1.2000 addressed to all the Divisional Deputy Directors of Education setting-out the guidelines for processing the applications seeking permissions for no objection to open a new D.Ed. college in response to the applications invited by the State Government for starting Urdu medium D.Ed. colleges in different districts of Maharashtra, the petitioner as well as respondent no.5 had submitted their proposals for permission to open a new D.Ed. college in Aurangabad district and approached the State Government for issuing No-objection certificate to be submitted to respondents no.2 and 3 who are the competent authorities to grant permission based on the No-objection certificate granted by the State Government and after assessment of the infrastructure facilities.;