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Bombay High Court

SAYYAD APRIN AYUBversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Dean must decide the petitioner’s leave application within two weeks of receiving the Court’s order.

Summary

The petitioner, Sayyad Aprin Ayub, filed a writ petition seeking a direction to the Dean (Respondent No.3) to grant him educational leave for pursuing an M.Sc. in Nursing from 2026 to 2028. The petitioner had already obtained all necessary no‑objection permissions and secured admission at S.M.B.T. Institute of Nursing, but his leave application dated 31‑07‑2026 remained pending. The Court examined whether the Dean was obligated to grant the leave given the absence of any impediment. It held that, since all requisite approvals were in place and admission was secured, there was no legal barrier to granting the leave. Consequently, the Court disposed of the petition, directing the Dean to decide the leave application within two weeks of receiving the order.

Issues considered

  • Whether the Dean is required to grant educational leave to the petitioner for higher studies when all no‑objection permissions have been obtained

Subjects

  • educational leave
  • higher education
  • writ petition
  • administrative law
  • court direction

Judgment

                                     *1*                         905


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                905 WRIT PETITION NO. 10975 OF 2026

                       Sayyad Aprin Ayub
                            VERSUS
              The State Of Maharashtra And Others
                               ...
Mr. Mrigesh D. Narwadkar, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
                               ...
                   CORAM : NITIN B. SURYAWANSHI &
                             ABASAHEB D. SHINDE, JJ.
                   DATE : 27th AUGUST 2026

P. C. :-

1.         The petitioner has approached this Court seeking

direction to Respondent No.3 to grant educational leave to the

petitioner to pursue higher education i.e. M. Sc. (Nursing)

Course, the duration of which is from 2026-2028.

2.         It is the case of the petitioner that all the necessary

permissions for pursuing the higher studies have been granted

by Respondent No.3, the Dean, and accordingly, the petitioner

has taken admission for the higher studies at S. M. B. T. Institute

of Nursing. However, the application of the petitioner dated

31.07.2026, seeking leave is yet not decided by Respondent

No.3.

3.         We are of the view that since all the no-objections are

Narwade
                                      *2*                         905


already granted by Respondent No.3 and as the petitioner has

already taken admission, there should be no impediment to

Respondent No.3 to grant the leave application of the petitioner.

4.        In the light of the above, we dispose of the writ petition

by directing Respondent No.3-the Dean to take decision on the

leave application of the petitioner dated 31.07.2026 within a

period of two (2) weeks from the date of receipt of copy of this

order.




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




Narwade


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