Bombay High Court

SHRI SHANESHWAR BAHUUDDESHIYA SHIKSHAN SANSTHA BORGAON THROUGH SECRETARYversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The Court directed the authorities to decide the petition and grant permission, if appropriate, within eight weeks.

Summary

Shri Shaneswar Bahuuddeshiya Shikshan Sanstha, Borgaon, filed a writ petition seeking a direction to the State of Maharashtra and other authorities to grant it permission to operate an aided tribal ashram school at Janapuri, Loha, Nanded, which had been previously run by another institution that is now closed. The petitioner asserted that it possesses the necessary infrastructure and is willing to take over the school. The respondents were asked to determine whether the school had already been transferred to any other institution and to decide the matter in accordance with the law and government policy. The Court examined the petition and found no substantive dispute requiring detailed adjudication, but emphasized the need for a prompt administrative decision. Consequently, the Court directed the authorities to make a decision within eight weeks from the date of the order. The petition was thereafter disposed of.

Issues considered

Whether the petitioner is entitled to permission to run the aided tribal ashram school under the applicable statutory framework.
Whether the responding authorities are obligated to decide the petition within a specified time frame.

Subjects

education
aided school
tribal school
writ petition
High Court
administrative direction
permission

Judgment

2026:BHC-AUG:15303-DB


                                                                              6446.17wp
                                                  (1)

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              39 WRIT PETITION NO. 6446 OF 2017

                 SHRI SHANESHWAR BAHUUDDESHIYA SHIKSHAN SANSTHA
                             BORGAON THROUGH SECRETARY
                                       VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS
                                                  …..
                Mr Vijay A. Dhakne, Advocate for Petitioner
                Ms U. S. Bhosale, AGP for Respondents/State
                                               …..
                                      CORAM : KISHORE C. SANT
                                                            AND
                                                  SUSHIL M. GHODESWAR, JJ.

                                           DATE : 08th APRIL 2026


                PER COURT :-


                1.          The petitioner/Institution has approached this Court

                seeking direction to respondents/authorities to grant permission to the

                petitioner/Institution to run Aided Tribal Ashram School which was

                being run at Janapuri, Tq. Loha, Dist. Nanded by some other

                Institution, which is now closed.           It is the case of the

                petitioner/Institution that it has infrastructure and is desirous to run

                said Ashram school.


                2.          Considering the above, respondents/authorities to take

                decision if the said Ashram school is not already transferred to any
                                                            6446.17wp
                                 (2)

other Institution. The decision be taken in accordance with law and

policy of the Government.


3.            With the above, this writ petition is disposed of. We

expect the authorities to take decision within a period of eight weeks

from today.




[SUSHIL M. GHODESWAR, J.]                  [KISHORE C. SANT, J.]

sjk

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