Bombay High Court

SOMNATH DATTATRAYA MALNATH AND ANRversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ORS

Disposal: DISPOSED OFF

Holding

The writ petition is allowed; the communication dated 15‑05‑2026 is quashed and the Deputy Director must reconsider the proposal without relying on the earlier letter.

Summary

The petitioners, Somnath Dattatraya Malnath and another, challenged a communication dated 15 May 2026 issued by the Deputy Director of Education of Maharashtra, arguing that it was improperly based on a letter dated 28 May 2025 from the Director of Education. The High Court, referring to its earlier judgments in Writ Petition Nos. 381/2026 and 257/2026, held that the communication was unlawful and quashed it. The Court directed the Deputy Director to reconsider the petitioners' proposal without relying on the earlier letter. The matter was to be decided on its merits within six weeks of receipt of the order. Consequently, the writ petition was allowed and the state’s administrative action set aside.

Issues considered

Whether the communication dated 15‑05‑2026 issued by the Deputy Director of Education is legally valid.
Whether the proposal of the petitioners can be decided without reliance on the letter dated 28‑05‑2025 issued by the Director of Education.

Subjects

writ petition
quashing order
education department
administrative law
reconsideration
procedural fairness

Judgment

2026:BHC-AUG:37944-DB

*1* 205-wp-3992-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

205 WRIT PETITION NO. 3992 OF 2026

Somnath Dattatraya Malnath And Anr
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Ors
...
Mr. Vitthal H. Dighe, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
Mr. Shrinivas S. Wagh, Advocate for Respondents
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 18th AUGUST 2026

P. C. :-

1. Indisputably the issue raised in this petition is squarely

covered by the decision of this Court in Writ Petition

No.381/2026 and Writ Petition No.257/2026.

2. For the reasons stated in the said order, Writ Petition is

allowed. Communication dated 15.05.2026 issued by

Respondent No.2-Deputy Director of Education stands quashed

and set aside.

3. We direct Respondent No.2-Deputy Director to reconsider

the proposal of the petitioner without relying upon the letter

dated 28.05.2025 issued by the Director of Education.

4. The proposal of the petitioner shall be decided on its own

Narwade
*2* 205-wp-3992-2026

merits, within a period of six (6) weeks from the date of receipt

of copy of this order.

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

Narwade

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