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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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