Bombay High Court

AMENDRA SURENDRASINGH CHOUHANversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the impugned communication was ultra vires and must be quashed, directing a fresh proposal to be obtained and decided upon by the Education Officer.

Summary

Amendra Surendrasingh Chouhan filed a writ petition challenging a communication dated 10 August 2026 issued by Respondent No.4 concerning an educational institution proposal. The Court found that the issue was directly governed by its earlier decision in Writ Petition No. 6490 of 2026 (Pranita Prashantrao Sawant v. State of Maharashtra). Relying on that precedent, the Court held the impugned communication to be unlawful and ordered it to be quashed. The Education Officer was directed to obtain a fresh proposal from the concerned institution within four weeks, scrutinise it, and decide on its merits within two weeks, communicating the decision to the petitioner. Consequently, the writ petition was allowed.

Issues considered

The legality of the communication dated 10 August 2026 issued by Respondent No.4.
Whether the Education Officer must be directed to seek a fresh proposal and decide afresh.

Subjects

writ petition
quashing of order
education
administrative law
fresh proposal
Maharashtra
high court

Judgment

2026:BHC-AUG:39648-DB


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                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 10767 OF 2026


                 Amendra Surendrasingh Chouhan                          PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                  RESPONDENTS

                                              .......
                 Mr. Tukaram M. Venjane, Advocate for the Petitioner
                 Mr. A. B. Girase, Government Pleader for Respondent - State
                                              ....…

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                      DATE : 31st AUGUST, 2026

                 ORDER :


                 1.     Indisputably, the issue raised in this Petition is squarely

                 covered by the decision of this Court in Writ Petition No. 6490 of

                 2026 (Pranita Prashantrao Sawant V/s The State of Maharashtra

                 and Others ) dated 29th June, 2026.


                 2.     For the reasons stated in the said order, the Writ Petition is

                 allowed. The impugned communication dated 10 th August, 2026

                 issued by Respondent No.4 is hereby quashed and set aside. The

                 Education Officer is directed to get a fresh proposal from the

                 concerned Educational Institution, within a period of four weeks
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and scrutinize the same and decide it on its own merits, within a

period of two weeks and communicate the decision to the

Petitioner.



[ ABASAHEB D. SHINDE ]                [ NITIN B. SURYAWANSHI ]
         JUDGE                                   JUDGE

drp/wp10767-26.doc

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