Bombay High Court
NATIONAL EDUCATION SOCIETY THROUGH ITS VICE PRESIDENT SHAIKH SALEEM AASHAQ HUSSAINversusTHE STATE OF MAHARSHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court dismissed the writ petitions, directing the petitioner to re‑file fresh proposals and the State to decide on them in accordance with law.
Summary
The National Education Society sought the High Court’s intervention to compel the State of Maharashtra to approve its proposals for establishing Urdu‑medium schools in villages listed in the master plan. The petitioner alleged that the proposals, recommended by the district‑level committee, had been deliberately kept pending since 2015, while the respondents contended there was no record of the proposals being forwarded to the government. The Court observed that policy and criteria may have changed since the original submissions and therefore directed the petitioner to file fresh proposals. It further ordered the respondents to decide on any such proposals submitted before the start of the 2026‑2027 academic year. Consequently, the writ petitions were dismissed.
Issues considered
- What legal duty, if any, does the State have to consider pending proposals for Urdu‑medium schools under the master plan?
- Whether the petitioner can compel the government to act on proposals that were allegedly submitted earlier but not processed.
Subjects
- Urdu medium schools
- master plan
- education policy
- government approval
- writ petition
- pending proposals
Judgment
2026:BHC-AUG:9144-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2729 OF 2016
National Education Society
Through Its Vice President
Shaikh Saleem Aashaq Hussain .. Petitioner
Versus
The State Of Maharashtra And Others .. Respondents
AND
WRIT PETITION NO. 2737 OF 2016
National Education Society
Through Its Vice President
Shaikh Saleem Aashaq Hussain .. Petitioner
Versus
The State Of Maharashtra And Others .. Respondents
Mr. Anandsing S. Bayas, Advocate for Petitioner in both matters
(Through V.C.).
Mr. S. J. Salgare, AGP for Respondent-State.
CORAM : KISHORE C. SANT AND
SUSHIL M. GHODESWAR, JJ.
DATE : 27th FEBRUARY, 2026.
PER COURT :-
1. These petitions are filed seeking consideration of proposal of
the petitioner institution to start Urdu Medium Schools in
respective villages. It is the case of the petitioner that though these
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villages are included in the master plan, still the proposals were
deliberately kept pending. He has taken this Court to the master
plan and the villages which are appearing in the same list having
population of more than ten thousand.
2. Though the proposals are stated to be pending since 2015,
the learned A.G.P. at the outset submits that, there is nothing on
record to show that these proposals are actually forwarded to the
Government.
3. Learned Advocate for the petitioner, however, submits that
there is already a recommendation by the District level committee
and still the Government has not considered. Since the proposals
are pending, this Court finds that, now policy must have been
changed, criteria also may have been changed. We keep it open
for the petitioner to apply afresh by submitting fresh proposals.
Respondent to take a decision in accordance with law over such
proposals if submitted before academic year 2026-2027.
4. Writ petitions stand disposed of.
( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J. )
P.S.B.
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