Bombay High Court
ASSOCIATION OF THE MANAGEMENTS OF UNAIDED PROFESSIONAL COLLEGES (MAHARASHTRA) AND ORSversusHIGHER AND TECHNICAL EDUCATION DEPT. THR ITS PRIN. SECRETARY , THE STATE OF MAH. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court treats the writ petitions as representations and directs the Respondent to determine and, if applicable, pay the claimed amounts without expressing any opinion on the merits.
Summary
The petitioners, associations of management of various unaided colleges in Maharashtra, filed multiple writ petitions seeking direction for the State to pay pending scholarship, freeship and reimbursement fees to their institutions. The Court held that these writ petitions should be treated as representations rather than substantive writs. It directed the Respondent authorities to scrutinize the petitions, hold hearings within five months, and determine any amounts payable, with payment to be made within four weeks of such determination. If no amount is due, the Respondents must issue a reasoned order, allowing petitioners to seek further redress. The Court expressly refrained from expressing any opinion on the merits and disposed of the petitions with these procedural directions.
Issues considered
- Whether the writ petitions seeking payment of pending scholarship, freeship and reimbursement fees should be treated as writs or as representations
- Whether the State is obligated to determine and pay the amounts claimed by the petitioners
- What procedural timeline should be imposed for the determination and payment of such amounts
Subjects
- writ petition
- representation
- scholarship
- freeship
- reimbursement
- Higher & Technical Education Department
- procedural direction
- compliance
Judgment
904&16-WP-11014-25+.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11014 OF 2025
Association of the Management of Diploma
Institutes (Maharashtra) & Ors. …Petitioners
Versus
Higher & Technical Education Department
Through Its Principal Secretary & Ors. …Respondents
WITH
WRIT PETITION NO. 5502 OF 2026
Association of the Managements of Unaided
Professional Colleges (Maharashtra) & Ors. …Petitioners
Versus
Higher & Technical Education Department
Through Its Principal Secretary & Ors. …Respondents
WITH
WRIT PETITION NO. 9103 OF 2025
Association of the Managements of
Agriculture & Agriculture Allied Colleges &
SHARAYU
PANDURANG
KHOT
Polytechnics (Maharashtra) & Ors. …Petitioners
Digitally
signed by
SHARAYU
PANDURANG
Versus
KHOT
Date:
2026.04.24
13:46:40
+0530
Higher & Technical Education Department
Through Its Principal Secretary & Ors. …Respondents
1/5
904&16-WP-11014-25+.doc
WITH
WRIT PETITION NO. 14190 OF 2025
Association of the Managements of Unaided
Professional Colleges (Maharashtra) & Ors. …Petitioners
Versus
Higher & Technical Education Department
Through Its Principal Secretary & Ors. …Respondents
WITH
WRIT PETITION NO. 15327 OF 2025
K.K. Wagh Education Society & Ors. …Petitioners
Versus
Higher & Technical Education Department
Through Its Principal Secretary & Ors. …Respondents
AND
WRIT PETITION NO. 5188 OF 2026
Association of the Managements of
Agriculture & Agriculture Allied Colleges & …Petitioners
Polytechnics (Maharashtra) & Ors.
Versus
Higher & Technical Education Department
Through Its Principal Secretary & Ors. …Respondents
----------
Mr. Sandeep Waghmare for the Petitioners in WP/11014/25 and
WP/5188/26.
Mr. P.B. Shah with Ms. Gunjan Shah i/by Sandeep Waghmare for the
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904&16-WP-11014-25+.doc
Petitioners in WP/14190/25 and WP/5502/26 and WP/15327/25.
Mr. Srinivas Deshmukh i/by Sandeep Waghmare for the Petitioners
in WP/9103/25.
Mr. Rui Rodrigues a/w Mr. Ashutosh Mishra for the Respondent
No.3-UoI.
Mr. Saket Mone, B Panel Counsel for the Respondent-State in
WP/11014/25, WP/9103/25, WP/14190/25 and WP/15327/25.
Ms. Priyanka Chavan, AGP for the Respondent-State in WP/5502/26.
Mr. P.P. Kakade, Addl. GP a/w Ms. Priyanka Chavan, AGP for the
Respondent-State in WP/5188/26.
Mr. Sameer Khedekar a/w Ms. Mayuri Andhule for the Respondent
No. 8.
----------
CORAM : R.I. CHAGLA J
ADVAIT M. SETHNA, J
DATE : 23 April 2026
ORDER :
1. Rule. Rule made returnable forthwith. Heard finally with
the consent of the parties.
2. Having heard the learned Counsel appearing for the
Petitioners as well as the learned APP appearing for the State, we
consider it appropriate that these Writ Petitions are treated as
representations considering that they seek direction to the
Respondent – State to pay the Petitioners - Institutions pending fees
towards scholarship, freeship and reimbursement as per the chart
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904&16-WP-11014-25+.doc
annexed to these Writ Petitions.
3. We accordingly pass the following order:-
(i) The Respondents – Authorities shall scrutinize the
representations of the Petitioners in the above Writ
Petitions including hearing the Petitioners within a
period of five months and determine whether the
payments are to be made by the Respondents -
Authorities to the Petitioners - Institutions towards
scholarship, freeship and reimbursement as per the
chart annexed to the Petitions and shall also take into
consideration the Rejoinder Affidavits filed by the
Petitioners which shall form part of the
representations.
(ii) The admissible amount payable by the Respondents –
Authorities to the Petitioners – Institutions towards the
scholarship, freeship and reimbursement, as above,
shall be paid within a period of four weeks from such
determination.
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904&16-WP-11014-25+.doc
(iii) If the Petitioners – Institutions are not entitled for any
amount of scholarship, freeship and reimbursement as
above, a reasoned order to that effect shall be passed
by the Respondents – Authorities and the Petitioners –
Institutions shall be at liberty to seek redressal of their
grievances on merits and in accordance with law.
(iv) We have not expressed any opinion on merits, leaving
all rights and contentions of parties, open.
(v) The above Writ Petitions are disposed of in the above
terms. No order as to costs.
(vi) Interim Applications, if any, do not survive and the
same are disposed of accordingly.
4. Writ Petitions shall be placed for compliance on 1st
October 2026.
[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.]
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