Bombay High Court
RAHEMADKHA ISMAILKHA PATHAN AND ANOTHERversusMAULANA MOHAMMAD ALI JOHAR EDUCATION SOCIETY THROUGH ITS PRESIDENT AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the pending change‑report does not prevent the newly elected managing committee from proceeding with recruitment and therefore quashed the impugned communication, subject to the Education Officer’s participation.
Summary
The petitioners, a newly elected managing committee of Maulana Mohammad Ali Johar Education Society, sought to quash a communication dated 22‑07‑2024 that barred them from recruiting headmasters and assistant teachers. They argued that a pending change‑report before the Charity Commissioner should not impede recruitment, especially as the academic year was about to begin. The State and education officials contended that the pending report and alleged nepotism justified the restriction. Relying on earlier judgments (Writ Petitions No.9840/2023 and No.11297/2014), the Court held that the pending change‑report does not prohibit the new committee from functioning and that the communication was ultra vires. Consequently, the Court quashed the impugned order, allowed the petitioners to proceed with recruitment, subject to the Education Officer’s participation, and disposed of the petitions.
Issues considered
- Whether a pending change‑report before the Charity Commissioner bars a newly elected managing committee from initiating recruitment.
- Whether the communication dated 22‑07‑2024 denying permission to recruit is legally valid.
- Whether the Education Officer must be involved in the recruitment process.
Subjects
- recruitment
- education society
- charity commission
- change report
- headmaster appointment
- trust management
- writ petition
- quash
Judgment
2026:BHC-AUG:28071-DB
1 989.WP.8431.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
989 WRIT PETITION NO. 8431 OF 2024
WITH
CIVIL APPLICATION NO. 8858 OF 2025
IN WP/8431/2024
1. Maulana Mohammad Ali Johar
Education Society, Sillod, Tq. Sillod,
District Aurangabad through its President,
Shaik Mohammad Kaisar Azad Abdul Gafur
2. Shaikh Mohammad Moin
Mohammad Subhan … PETITIONERS
VERSUS
1. The State of Maharashtra,
through its Principal Secretary,
Department of School Education
and Sports Mantralaya, Mumbai – 400 032
2. The Deputy Director of Education,
Chhatrapati Sambhajinagar Division,
Chhatrapati Sambhajinagar
3. The Education Officer (Primary),
Zilla Parishad, Chhatrapati Sambhajinagar
4. Pathan Banekha Noorkha … RESPONDENTS
WITH
WRIT PETITION NO. 8446 OF 2024
WITH
CIVIL APPLICATION NO. 8859 OF 2025
IN WP/8446/2024
1. Maulana Mohammad Ali Johar
Education Society, Sillod, Tq. Sillod,
District Aurangabad through its President,
Shaik Mohammad Kaisar Azad Abdul Gafur
2 989.WP.8431.24.odt
2. Shaikh Mohammad Moin
Mohammad Subhan … PETITIONERS
VERSUS
1. The State of Maharashtra,
through its Principal Secretary,
Department of School Education
and Sports Mantralaya, Mumbai – 400 032
2. The Deputy Director of Education,
Chhatrapati Sambhajinagar Division,
Chhatrapati Sambhajinagar
3. The Education Officer (Secondary),
Zilla Parishad, Chhatrapati Sambhajinagar
4. Pathan Banekha Noorkha … RESPONDENTS
...
Advocate for the Petitioners : Mr. V.D. Sapkal, Senior advocate a/w
Mr. V.K. Bhosale i/b. Mr. Majit S. Shaikh
AGP for Respondent/State : Ms. V.S. Chaudhari
Advocate for Respondent No.3 : Mr. Uttam B. Bondar
Advocate for Respondent No.4 : Mr. Vilas Balgir Giri
Advocate for applicant : Mr. Raviprasad K. Ashtekar
in Application Nos.8858/2025 and 8859/2025
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 02.07.2026
PER COURT:
1. By these petitions, the petitioners have put forth following
substantial prayer:
“A. Quash and set aside the impugned communication dated
22/7/2024 with further directions to permit the petitioner
to undertake the exercise of recruitment in relation to the
3 989.WP.8431.24.odt
posts those are lying vacant as prayed by the petitioner in
its proposal dated 9/7/2024; and for that purpose issue
necessary directions.”
2. Heard learned Senior advocate for the petitioners, learned
AGP for the respondent – State, learned advocate Mr. U.B. Bondar for
respondent No.3, learned advocate Mr. V.B. Gire for respondent No.4
and learned advocate Mr. R.K. Ashtekar who seeks to intervene in the
present petition.
3. The petitioners earlier approached this Court by
challenging the communication dated 24.07.2023 by the respondent –
Education Officer (Primary), thereby, denying permission to publish an
advertisement to fill up the posts of Shikshan Sevak. This Court by
order dated 18.03.2024 passed in Writ Petition No.9840/2023, partly
allowed the writ petition and quashed and set aside the impugned
communication dated 24.07.2023 and directed the respondent No.3 –
Education Officer (Primary), to take a fresh decision except the
reasons mentioned in the impugned order dated 24.07.2023, by
extending petitioner No.2 an opportunity of being heard. Pursuant to
the said order the Education Officer has granted approval to the
appointment of the petitioner No.2 therein by order dated 10.06.2024.
4. The impugned order in the present writ petitions
mentions that since there is dispute in the Management, which is
pending before the Charity Commissioner, therefore, till the duly
4 989.WP.8431.24.odt
elected committee’s record is presented, no policy decision can be
taken by the managing body.
5. Learned Senior advocate by relying on the decision of this
Court in Writ Petition No.11297/2014 submits that merely because the
change report of the petitioners is pending, they cannot be prohibited
from initiating the recruitment process. Since the academic year has to
commence, it is necessary to fill up the posts. The newly elected
representatives i.e. petitioners cannot be prohibited from functioning,
on the ground that the change report has not been accepted by the
Assistant Charity Commissioner. Merely because the change report is
pending, the old body does not continue and cannot be permitted to
function as it held in the said decision.
6. Learned advocate for the intervenor strenuously apposed
the petition by contending that the petitioners’ body is recruiting all
their near relatives, which is detrimental to the interest of the Trust
and the students taking education in the schools run by the Trust.
7. Taking into consideration the earlier orders passed by this
Court in favour of the petitioners, writ petition is partly allowed. The
impugned communication dated 22.07.2024 is hereby quashed and set
aside. The petitioners are permitted to undertake the exercise of
recruitment of the Headmaster and Assistant teachers as per the
proposal submitted by them with a caveat that, the Education Officer
5 989.WP.8431.24.odt
shall be part of the entire recruitment process. Writ petitions are
accordingly disposed of. Pending applications also stand disposed of.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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