Bombay High Court
EKTA EDUCATION AND WELFARE SOCIETY THR ITS SECRETARYversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court directed the State to decide the proposal for an additional division within three months of the order.
Summary
Ekta Education and Welfare Society, a minority institution, filed a writ petition seeking a direction to the State of Maharashtra to consider and decide its proposal for an additional division in its junior college at Ahilyanagar. The petitioner claimed that although the Education Officer had positively recommended the proposal, the Government of Maharashtra had taken no action. The High Court examined whether the State was obligated to act on the recommendation and whether the petition for a direction was maintainable. The Court held that the State must decide the proposal on its merits and ordered it to do so within three months. Consequently, the petition was disposed of after the direction was issued.
Issues considered
- Whether the State of Maharashtra is bound to act on the Education Officer's recommendation for an additional division in a minority institution's junior college.
- Whether a writ petition seeking a direction for the State to decide a proposal is maintainable.
Subjects
- minority institution
- education
- additional division
- writ petition
- direction
- government
- administrative law
Judgment
2026:BHC-AUG:41069-DB
1 WP / 11318 / 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
10 WRIT PETITION NO. 11318 OF 2026
EKTA EDUCATION AND WELFARE SOCIETY
THROUGH ITS SECRETARY
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS PRINCIPAL SECRETARY AND OTHERS
...
Advocate for prtitioner : Mr. K,B. Jadhav
AGP for the respondent – State : Mr. S.B. Pulkundwar
...
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 4 SEPTEMBER 2026
PER COURT :
By way of this petition, the petitioner a minority institution,
is praying for a direction to the respondent – authorities to consider and
decide the proposal for grant of additional division in the Junior College
run by the petitioner – institution at Ahilyanagar.
2. It is the case of the petitioner that in spite of the Education
Officer positively recommending the proposal of the petitioner,
Government of Maharashtra is still not taking any steps in the matter.
3. Considering the above, we direct respondent no. 1 to take
decision on the said proposal within three (3) months from today on its
own merits and as per the entitlement.
4. With this, the petition stands disposed of.
[ JITENDRA JAIN ] [ KISHORE C. SANT ]
JUDGE JUDGE
arp/
Checking your session…