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Bombay High Court

ASHISH ASHOK BHIDEversusHEAD MISTRESS OF NMV GIRLS HIGH SCHOOL AND JUNIOR COLLEGE PUNE AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the petitioner is not aggrieved and the proceedings are premature.

Summary

Ashish Bhide filed a writ petition seeking to quash a letter from the Head Mistress of NMV Girls High School and an order of the Food Safety Commissioner, alleging that the authorities might take action against his establishment under the Food Safety and Standards (Safe Food and Balanced Diets for Children in School) Regulation, 2020. The petitioner claimed the regulations were not yet in force and that he was aggrieved by the communications. The Court examined the letter and found it to be a mere request, not an enforceable order, and held that the administrative order was not directed at the petitioner. No action had been taken by the Food Safety Commissioner, rendering the petition premature. Consequently, the Court dismissed the writ petition, noting that the petitioner could approach the Court under Article 226 if any future action is taken.

Issues considered

  • Whether the letter dated 4 August 2026 constitutes an order amenable to writ jurisdiction
  • Whether the order dated 28 July 2026 is enforceable against the petitioner
  • Whether Regulations 3(5) and 5 of the Food Safety and Standards (Safe Food and Balanced Diets for Children in School) Regulation, 2020 are in force
  • Whether the petitioner is aggrieved to maintain a writ petition under Article 226 of the Constitution

Legislation cited

Subjects

  • writ petition
  • Article 226
  • premature petition
  • administrative order
  • food safety regulations
  • school nutrition
  • quashing order

Judgment

                                                                               905-10663-26.doc


             Sharayu Khot.

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 10663 OF 2026


                    Ashish Ashok Bhide                             …Petitioner

                             Versus

                    Head Mistress of NMV Girls High School and
                    Junior College, Pune & Ors.                …Respondents

                                                     ----------
                    Mr. Tapan Thatte a/w Ms. Sonali Dalvi, Mr. Vivek Arote, Mr. Abhilesh
                    Chitre, Mr. Akshay Dingale and Mr. Harish Garde for the Petitioner.
                    Ms. Meena H. Doshi for the Respondent No. 1.
                    Mr. P.P. Kakade, Addl. GP a/w Smt. P.J. Gavhane, AGP for the
                    Respondent-State.
                                                     ----------

                                              CORAM : R.I. CHAGLA J
                                                      FIRDOSH P. POONIWALLA, J

                                              DATE       : 18 August 2026

                    ORDER :


                    1.            We have heard the learned Counsel for the parties

                    including learned Additional G.P. for the Respondent Nos. 3 and 4-
SHARAYU
PANDURANG
KHOT
                    State.
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.08.19
12:27:58
+0530

                    2.            By this Petition, the Petitioner is seeking quashing and


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setting aside of the order dated 4th August 2026 addressed to the

Petitioner by the Head Mistress of NMV Girls High School and Junior

College, Pune. Further prayer sought is for quashing and setting aside

the order dated 28th July 2026 issued by the Food Safety

Commissioner, Food and Drug Administration, Maharashtra State.



3.          This Petition has been filed on an apprehension that, by

virtue of the aforesaid orders, the Competent Authority, viz. Food

Safety Commissioner, Food and Drug Administration, Maharashtra

State will proceed to take action against the Petitioner in respect of

their Establishment.



4.          It is the further case of the Petitioner that Regulations

3(5) and 5 of the Food Safety and Standards (Safe Food and

Balanced Diets for Children in School) Regulation, 2020 under which

said action is contemplated, are yet to come into force.



5.          Upon perusing what has been referred to by the

Petitioner as an “order” dated 4th August 2026 (Exh.E to the

Petition), we are of the view that this can no in event be said to be an

order, rather it is a letter addressed by the Head Mistress of NMV

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Girls High School and Junior College Pune to the Petitioner

requesting the Petitioner to consider the health of the students and

not to sell the products which are currently being sold in the

Petitioner Establishment. Rather they should make available to the

students nutritious options, such as fruits, fresh fruit vegetables, milk,

buttermilk, lassi, sprouted sprouts, peanuts, roasted grams, etc. This

would be in conformity with the Government directions. The other

impugned order dated 28th July 2026 is according to the Petitioner

himself an administrative order. It is not directed against the

Petitioner and hence, the Petition cannot possibly be aggrieved in its

issuance.



6.           We accordingly, find that the present Writ Petition is

entirely misconceived apart from being premature, particularly, when

no such action has been taken by the Food Safety Commissioner,

Food and Drug Administration, Maharashtra State. In the event, such

action is contemplated, the Petitioner always has a right to approach

this Court in exercise of its writ jurisdiction under Article 226 of the

Constitution of India.




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7.          The Writ Petition is accordingly dismissed. There shall be

no order as to costs.



      [FIRDOSH P. POONIWALLA, J.]                [R.I. CHAGLA J.]




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