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Bombay High Court

GANESH SHIKSHAN PRASARAK MANDAL THR ITS PRESIDENT OMPRAKASH G KOTKARversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The communication dated 16/07/2026 is quashed and set aside.

Summary

The Ganesh Shikshan Prasarak Mandal filed a writ petition challenging a communication dated 16 July 2026 issued by the State of Maharashtra. The petition argued that the communication was unlawful and sought its setting aside. The Court observed that the present petition fell within the scope of its earlier order in Writ Petition No. 6490/2026, which had already addressed the substantive issues. Relying on that precedent, the Court quashed the impugned communication and directed the petitioner to submit a fresh proposal to the Education Officer within four weeks, with a two‑week time‑frame for the officer to decide. The petition was consequently disposed of.

Issues considered

  • What is the legal validity of the communication dated 16/07/2026 issued by the State of Maharashtra?
  • Whether the petitioner is entitled to a fresh opportunity to submit a proposal under the same terms?

Subjects

  • education
  • writ petition
  • quashing order
  • procedural compliance
  • Maharashtra

Judgment

2026:BHC-AUG:37851-DB


                                                 1                     70-WP-10216-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 10216 OF 2026

                   SHRI GANESH SHIKSHAN PRASARAK MANDAL, BHANKHEDA
                                   THROUGH ITS PRESIDENT
                                            VERSUS
              THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY
                                          AND OTHERS
                                              ...
              Mr. Tukaram Maruti Venjane, Advocate for the Petitioner
              Mr. S. K. Tambe, AGP for Respondents/State
                                              ...

                                       CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.
                                        DATE : 19th AUGUST, 2026

              PER COURT :

              1.           Indisputably, the petitioner’s case is squarely covered

              by the order dated 29/06/2026, passed by this Court in Writ Petition

              No.6490/2026.

              2.           For the reasons stated in the said order, the impugned

              communication dated 16/07/2026 is quashed and set aside.

              Petitioner shall submit fresh proposal to respondent No.4 Education

              Officer within a period of four weeks from today. On receipt of such

              proposal, the Education Officer shall scrutinize and decide the same

              within a period of two weeks thereafter. The proposal shall not be

              rejected on the same ground.

              3.           Writ petition is accordingly disposed of.



              (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)



              SVH


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