Bombay High Court

LATE SHAILEJA URDU PRATHAMIK SCHOOL THR ITS SECRETARY ABDUL Q MIRASABversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed with a direction to the State to decide the school’s proposal within four weeks of receipt of the order.

Summary

The Late Shaileja Urdu Prathamik School filed a writ petition seeking permission to start classes 5th to 8th by natural growth, having submitted its proposal on 28‑04‑2017 which was recommended by the Chief Officer on 27‑06‑2016 and aligned with a government resolution dated 10‑03‑2016. The petition alleged bureaucratic apathy and inaction by the State of Maharashtra in deciding the proposal. The High Court noted the delay and directed the respondents to decide the proposal within four weeks of receiving a copy of the order. No substantive merits of the proposal were examined; the court merely ordered a timely decision. The petition was consequently disposed with the said direction.

Issues considered

Whether the State of Maharashtra is liable for unreasonable delay in deciding the school’s proposal to start classes 5th to 8th under the applicable education regulations

Subjects

education
administrative delay
writ petition
right to education
government approval
natural growth
Maharashtra

Judgment

2026:BHC-AUG:43320-DB


                                                   {1}                  32-wp-12191-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     32 WRIT PETITION NO. 12191 OF 2026

               Late Shaileja Urdu Prathamik School Through Its Secretary Abdul Q
                                              Mirasab
                                              VERSUS
                                The State Of Maharashtra And Others
                                                 ...
              Mr. B.R. Kedar h/f Mr. K.M. Nagarkar, Advocate for the Petitioner
              Mrs. Saie Joshi, AGP for State
                                               .......
                                     CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                             DATE : 21st SEPTEMBER, 2026
              PER COURT :

              1.       This is one more case of apathy on the part of bureaucracy in not
              considering the proposals submitted by the Educational Institutions.

              2.       The Petitioner submitted proposal on 28.04.2017 for permission
              to start 5th to 8th standard classes by way of natural growth, though is
              recommended by the Chief Officer on 27.06.2016 and is in consonance
              with the Government Resolution dated 10.03.2016, till date, the same
              is not decided by Respondent No. 1.

              3.       Writ Petition is therefore disposed of by directing Respondents
              No. 1 and 2 to decide the said proposal within four weeks from the
              date of receipt of copy of this order and communicate decision to the
              Petitioner.



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

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