Bombay High Court Directs State to Decide Education Society's Representation Within Three Months. The court ordered expeditious disposal of a representation without examining its merits.

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

The petitioner, Shri Vidyasagar Education Society, through its Vice President Shri Ganesh Thakare, filed a writ petition before the Bombay High Court, Nagpur Bench, seeking a direction to the respondents to decide its representation dated 19.12.2009. The respondents included the State of Maharashtra, the Director of Education, and the Education Officer (Primary), Zilla Parishad, Amravati. The court, after hearing the advocates for both sides, issued a rule returnable forthwith and, by consent, directed the respondents to decide the representation within a period of three months. The court did not delve into the merits of the representation but merely ensured its expeditious consideration. The rule was made absolute in those terms.

Headnote

A) Administrative Law - Representation - Direction to Decide - No specific Act - The petitioner, an education society, filed a representation dated 19.12.2009 before the respondents. The court directed the respondents to decide the representation within three months, without examining the merits. Held that the respondents must consider and dispose of the representation expeditiously (Paras 2-3).

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Issue of Consideration

Whether the respondents should be directed to decide the petitioner's representation within a specified time frame.

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Final Decision

Rule made absolute. Respondents directed to decide the petitioner's representation dated 19.12.2009 within a period of three months.

Law Points

  • Direction to decide representation
  • expeditious disposal
  • administrative law
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Case Details

2010 LawText (BOM) (02) 113

Writ Petition No.506 of 2010

2010-02-09

S.A. Bobde, Smt. Vasanti A. Naik

Shri Anand Parchure for petitioner, Shri S.S. Doifode, A.G.P. for respondent no.1 & 2

Shri Vidyasagar Education Society through its Vice President – Shri Ganesh Thakare

State of Maharashtra through its Secretary, School Education & Sports Department, Director of Education, Maharashtra State, Pune, Education Officer (Primary), Zilla Parishad, Amravati

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Nature of Litigation

Writ petition seeking direction to decide representation

Remedy Sought

Direction to respondents to decide petitioner's representation dated 19.12.2009

Filing Reason

Respondents had not decided the representation

Issues

Whether the respondents should be directed to decide the petitioner's representation within a specified time frame.

Submissions/Arguments

Petitioner argued for direction to decide representation; respondents consented to the direction.

Ratio Decidendi

The court directed the respondents to decide the representation within three months, without examining its merits, based on consent of parties.

Judgment Excerpts

The respondents are directed to decide the representation of the petitioner dated 19.12.2009 within a period of 3 months. Rule made absolute in the above terms.

Procedural History

Writ petition filed; rule issued returnable forthwith; heard by consent; judgment delivered on 9th February 2010.

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