Bombay High Court
AMALA KISHOR UDESHIversusTHE STATE OF MAHARASHTRA THROU. THE SEC. MINISTRY OF EDUCATION AND ORS
- Decided
- Disposal
- Allowed
Holding
The amendment of the writ petition is allowed.
Summary
The petitioner, Amala Kishor Udeshi, filed a writ petition against the State of Maharashtra and the Ministry of Education. At the admission stage, the petitioner moved an interim application seeking permission to amend the petition as per a schedule annexed to the application. The Court examined the interim application and, invoking the principle of interest of justice, found that allowing the amendment would not prejudice the respondents. Consequently, the Court permitted the amendment, directing that the amended petition be filed within two weeks and that a reply affidavit be filed within four weeks. The matter was ordered to stand over for further hearing on 5 October 2026.
Issues considered
- Whether the amendment of a writ petition at the admission stage should be allowed under the principles of justice and procedural law.
Subjects
- amendment
- writ petition
- interim application
- interest of justice
- procedural law
- civil appellate jurisdiction
Judgment
10-IA-6209-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6209 OF 2026
IN
WRIT PETITION NO. 5367 OF 2025
Amala Kishor Udeshi ...Applicant/Petitioner
Versus
The State Of Maharashtra Throu. The Sec. Ministry
Of Education & Ors. ...Respondents
_______
Ms. Medha R. Behere for Applicant/Petitioner.
Mr. S. P. Kamble, AGP for Respondent-State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 07th SEPTEMBER 2026
P.C.
1. By this Interim Application, the Applicant/Petitioner has prayed for
amendment of the Writ Petition. The Writ Petition is at the stage of admission.
Having perused the memo of the Interim Application, we are of the opinion that it
is in the interest of justice that the amendment, as prayed for in terms of Schedule
annexed to the Interim Application, needs to be granted.
2. Accordingly, we allow the Interim Application in terms of prayer clauses (a)
and (b).
3. Let the amendment be carried out within a period of two weeks from today.
An amended copy of the petition be served on the Respondents.
4. Let the reply affidavit to the petition be placed on record within a period of
four weeks from today.
5. Stand over to 5th October 2026.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
Digitally
signed by
AJIT
AJIT RAMESH
RAMESH PATHRIKAR
PATHRIKAR Date:
2026.09.08
10:20:28
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