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Bombay High Court

RAMAMATA SHIKSHAN PRASARAK MANDAL THROUGH PRESIDENT KASHINATH KISHAN RATHODversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition cannot be entertained due to the lapse of time, but the petitioner may file a fresh proposal within four weeks for consideration on its merits.

Summary

The petitioner, Ramamata Shikshan Prasarak Mandal, sought a court direction compelling the State of Maharashtra to permit the commencement of 8th standard classes for the academic year 2019‑2020, after its proposal was rejected by an unreasoned order dated 02‑05‑2018. The Court examined whether the petition could be entertained despite the lapse of time and the procedural posture of the earlier rejection. It held that, owing to the passage of time and subsequent developments, the petition could not be entertained in its present form. However, the Court allowed the petitioner to file a fresh proposal within four weeks, after which the matter would be decided on its merits within another four weeks. Consequently, the writ petition was disposed of with directions for a fresh filing.

Issues considered

  • What is the appropriate remedy when a petition seeking permission to start a class is filed after a considerable lapse of time?
  • Can the Court direct the State to entertain a fresh proposal despite the earlier unreasoned rejection?

Subjects

  • education
  • writ petition
  • administrative law
  • limitation period
  • state permission

Judgment

2026:BHC-AUG:24214-DB


                                                         1                     901-wp-13698-2019.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                     BENCH AT AURANGABAD.
                                 901 WRIT PETITION NO. 13698 OF 2019

               Ramamata Shikshan Prasarak Mandal Through President Kashinath
                                              Kishan Rathod
                                                 VERSUS
                      The State Of Maharashtra Through Secretary And Others
                                                    ...
              Mr. Tukaram M. Venjane For Petitioner, Advocate for the Petitioner
              Mr. S. S. Dande, AGP for Respondents/State
              Mr. V. C. Patil h/f. Mr. U. B. Bondar, Advocate for Respondent No.4
                                                    ...
                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                      DATED : 17th JUNE, 2026.
              ORDER :

              1.        By this petition, the petitioner seeks direction to Respondents to
              grant permission to start 8th standard classes from the Academic Year
              2019-2020. The petitioner's proposal was rejected by an unreasoned
              order dated 02.05.2018.

              2.        Due to passage of time and subsequent developments, we find
              that the prayer of the petitioner cannot be entertained.

              3.        Petitioner is at liberty to file fresh proposal to Respondent Nos.2
              to 4 within a period of four (4) weeks form today.

              4.        On receipt of said proposal, the same shall be decided on its own
              merit within a period of four (4) weeks thereafter.

              5.        With this direction, Writ Petition is disposed of.




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


              Narwade


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