SHRI SHARAD SHIKSHAN PRASARAK MANDAL THR. PRESIDENT/SECRETARY AND ANR.versusTHE STATE OF MAHARASHTRA THR. SECRETARY SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                         CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 4112 OF 2026

Shri. Sharad Shikshan Prasarak
Mandal, Wathar Tarfe Vadgaon and Another.                 ...Petitioners.
         Versus
The State of Maharashtra and Others.                      ...Respondents.
                             ——————
Mr. Utkarsh Desai for the Petitioner.
Mr. Santosh A. Jadhav AGP for the Respondent-State.
Mr. Kedar Lad for the Respondent No.6.
                                 ——————
                                   Coram :     Sharmila U. Deshmukh &
                                               Neeraj P. Dhote, JJ.
                                   Date      : August 27, 2026.
P. C. :

1.         By the present petition, the Petitioner seeks a direction to the

Respondent No.5-Education Officer to provide user id and password to

the Petitioner school for filling up all the requisite information on the

student portal and permit Petitioner No.1–educational institution to

complete the on-line and off-line official work on behalf of Petitioner

No.2 till the regular staff is appointed in Petitioner No.2-secondary

school.

2.         Learned Counsel appearing for the Petitioner would point out

that in the earlier round of litigation by order dated 30 th July 2026, this

Court had permitted the Petitioners to make an appropriate application

for approval of staffing pattern which is required to be finalised before


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30th September 2026 as per the provisions of Maharashtra Employees of

Private Schools (Conditions of Service) Regulation Act, 1977 and the

Maharashtra Employees of Private Schools (Conditions of Service) Rules,

1981and had directed the concerned Education Officer to ensure that

the staffing pattern of the Petitioner is approved in accordance with

law. He would further point out that though representation was made

on 5th August 2026, the Respondent No.2 has failed to provide the user

id and password for filling up all the requisite information on student

portal and hence the present petition has been filed.

3.         Learned AGP on instructions would submit that there is a dispute

between the rival factions of the management and there is no clarity as

to whether Petitioner No. 1 herein is the President and Secretary, who is

authorised to represent the society. He would submit that without any

clarity on that aspect, the user id and password cannot be allotted.

4.         We have considered the submissions and perused the record.

5.         The limited prayer is for allotment of the user id and password for

filling up the requisite information on the student portal. This Court by

order of 30th July 2026, in the earlier round of litigation, had directed

the Education Officer to ensure that the staffing pattern of the

Petitioner is approved in accordance with law. Today, the only request

made is for direction to the Respondent–Education Officer to provide

the user id and password. Respondent No.5-Education Officer is not


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concerned with the dispute between rival factions of the Petitioner

educational institution. The said dispute is within the domain of Charity

Commissioner’s Office. Neither the Petitioner seeks any approval to the

staffing pattern and the requirement is only of user id and password for

filling up the requisite information on the student portal. Once the user

id and password is provided, it is for the Education Officer to then

decide whether the staffing pattern can be approved or not in

accordance with law. However, by reason of the dispute between the

rival factions, the Petitioner cannot be precluded from seeking user id

and password, particularly considering that the staffing pattern is

required to be approved before 30th September 2026.

6.         Though an intervention application was sought to be filed by the

rival faction, considering that said dispute is within the domain of

Charity Commissioner’s office, and not in the present proceedings, this

Court has dismissed the intervention application.

7.         Without granting equities by reason of the filling up of requisite

information on the student portal, the Respondent No.5-the Education

Officer is directed to provide user id and password to the Petitioner

through its President, who had filed representation dated 5 th August

2026 for filling up the requisite information on the student portal, by

the end of the day.

8.         It is clarified that no rights can be claimed by the present


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President only by reason of the direction given by this Court to provide

him user id and password.

9.         Petition is disposed of in the above terms.



 [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]




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