Bombay High Court

MOHAMMAD MAKKAJI TAMBOLIversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the Education Officer must decide the petitioner's proposal on its merits within six weeks of the order.

Summary

Petitioner Mohammad Makkaji Tamboli filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the inaction of the Education Officer (Respondent No.2) in deciding a proposal submitted on 22 November 2021. The petition alleged that the failure to decide violated his rights and sought a judicial direction for the officer to act. The Court examined whether the officer's omission amounted to a breach of statutory duty and whether a writ of mandamus was appropriate. Relying on principles of administrative law, the Court concluded that the officer must decide the proposal on its merits. Accordingly, the Court ordered the Education Officer to render a decision within six weeks of receiving the order and to communicate the outcome to the petitioner.

Issues considered

Whether the Education Officer's failure to decide the petitioner's proposal constitutes a breach of statutory duty warranting a writ of mandamus.
Whether the High Court can direct an administrative authority to decide a pending proposal within a specified time frame.

Subjects

Writ Petition
Administrative Law
Education
Mandamus
High Court
Maharashtra

Judgment

2026:BHC-AUG:39642-DB


                                                                      wp10966-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.10966 OF 2026

                 Mohammad Makkaji Tamboli                             PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                 RESPONDENTS

                                               .......
                 Mrs. Asfia N. Ansari, Advocate for the Petitioner
                 Mr. S. R. Wakle, AGP for Respondent - State
                                               ....…

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

                                      DATE : 31st AUGUST, 2026

                 ORDER :

                        The Writ Petition is disposed of by directing Respondent

                 No.2 – Education Officer to decide proposal of the Petitioner

                 dated 22nd November, 2021 on its own merits, within a period of

                 6 weeks from the date of receipt of copy of this order and

                 communicate the decision to the Petitioner.



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

                 drp/wp10966-26.doc

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