Bombay High Court

HUSENKHAN EDUCATION AND WELFARE SOCIETY UDGIR THR ITS SECRETARY MANJURKHANversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition cannot be entertained because the underlying proposal is stale, though the petitioner may re‑apply afresh.

Summary

The petitioner, Husenkhan Education and Welfare Society, filed a writ petition seeking permission to open and run a new higher secondary school under the name ‘Dr. A. P. J. Abdul Kalam New Higher Secondary Upgradation Medium School.’ The petition relied on a proposal that had been submitted in 2015. The Court observed that the proposal was dated more than a decade earlier and therefore could not be entertained as it was stale. Consequently, the petition was disposed of. However, the Court granted the petitioner liberty to file a fresh application for permission to establish the school.

Issues considered

Whether a writ petition seeking permission to open a school based on a proposal submitted in 2015 can be entertained by the Court.

Subjects

Education
School establishment
Writ petition
Stale proposal
High Court

Judgment

2026:BHC-AUG:39546-DB


                                                  *1*                    63-wp-10696-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                63 WRIT PETITION NO. 10696 OF 2026

                 Husenkhan Education And Welfare Society Udgir Through Its
                                   Secretary Manjurkhan
                                             VERSUS
                 The State Of Maharashtra Through Its Secretary And Others
                                               …
                Mr. Suhas P. Urgunde, Advocate for the Petitioner
                Mr. N. S. Tekale, AGP for Respondents
                                               …

                                      CORAM : NITIN B. SURYAWANSHI &
                                              ABASAHEB D. SHINDE, JJ.
                                      DATE : 27th AUGUST 2026

                P. C. :-

                1.         Since the proposal submitted by the petitioner is of the

                year 2015 the prayer of the petitioner in that regard cannot be

                entertained.

                2.         Writ Petition is disposed of by granting liberty to the

                petitioner to apply afresh for seeking permission to open and

                run new Husen Khan Education & Welfare Society Dr. A. P. J.

                Abdul Kalam New Higher Secondary Upgradation Medium

                School.




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


                Narwade

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