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Bombay High Court

MAHAMTA GANDHI VIDYA MANDIR NASHIKversusSTATE OF MAHARASHTRA THR ITS DIVISION OF SCHOOL EDUCATION AND ORS

Decided
Disposal
Disposed Off

Holding

The Court set aside the order dismissing the appeals and restored them for hearing, allowing condonation of the delay.

Summary

The Mahatma Gandhi Vidya Mandir filed a writ petition challenging the dismissal of its appeals under Section 3(4) of the Maharashtra Educational Institutions (Management) Act, 1976 on the ground that they were filed beyond the prescribed 15‑day period. The State argued that the Act provides no power to condone such delay and that any hearing of the appeals should be before the appropriate Minister, not Respondent 6. The High Court set aside the order dismissing the appeals, held that the delay could be condoned, and restored the appeals for hearing by either the Minister of Water Resources or the Minister of Revenue within twelve weeks. The court expressly declined to opine on the merits of the underlying dispute and cautioned that its order should not be treated as precedent on delay condonation. The writ petition was disposed of without costs.

Issues considered

  • Whether delay in filing an appeal under Section 3(4) of the Maharashtra Educational Institutions (Management) Act, 1976 can be condoned.
  • Whether the appellate authority has jurisdiction to entertain appeals filed after the statutory period.
  • Whether the appeals should be heard by the Minister of Water Resources/Minister of Revenue rather than Respondent 6.

Legislation cited

  • Maharashtra Educational Institutions (Management) Act, 1976 — s. 3(4)

Subjects

  • condonation of delay
  • appellate authority
  • educational institutions act
  • ministerial jurisdiction
  • writ petition
  • Section 3(4)
  • Maharashtra

Judgment

                                                                                                     908. WP-7737-2026.doc
                                                                                              Mahatma Gandhi vs. State & Ors.




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
        Digitally
        signed by
        JYOTI
JYOTI   PRAKASH
PRAKASH PAWAR
PAWAR   Date:
                                           WRIT PETITION NO. 7737 OF 2026
        2026.06.25
        19:55:44
        +0530


                     Mahatma Gandhi Vidya Mandir Nashik                                      ..       Petitioner
                           V/s.
                     The State Of Maharashtra And Ors                                        ..       Respondents

                                       ______________________________________
                     Mr. Ravi Kadam, Senior Advocate (through VC) a/w Rohan Kadam a/w Rucha
                     Vaidya, S. B. Pawar, Nikita Jacob, Kinjal Khandelwal i/b K P Law Associates LLP
                     for Petitioner.
                     Dr. Milind Sathe, Advocate General a/w Neha Bhide, G.P. a/w O.A. Chandurkar,
                     Addl.G.P. a/w Priyanka Chavan, AGP for State.
                     Mr. Harihar Bhave a/w Karishma Choudhari i/b Devendra Avadh for Respondent
                     no. 6.

                                      _______________________________________
                                                       CORAM : R.I. CHAGLA AND
                                                                                  FARHAN P. DUBASH, JJ.

                                                       DATE                 : 25th JUNE 2026
                     P.C.:

                     1.      The present Writ Petition impugns the orders dated 1 st June 2026 rejecting

                             the Appeals preferred by the Petitioner under Section 3(4) of the

                             Maharashtra Educational Institutions (Management) Act, 1976 (the said

                             Act) which came to be dismissed on the ground of delay.

                     2.      By the impugned orders dated 1st June 2026, the Appellate Authority

                             dismissed the Appeals solely on the ground that they had been filed beyond



                                                                 Page 1 of 3
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                                                       Order dated 25th June 2026
                                                                              908. WP-7737-2026.doc
                                                                       Mahatma Gandhi vs. State & Ors.




     the period of 15 days prescribed under Section 3(4) of the said Act from the

     date of receipt of the Director’s orders.

3.   Dr. Sathe, learned Advocate General appearing on behalf of Respondent no.

     1, submits that under the said Act, there is no power to condone the delay in

     filing of the Appeals. He further submits that in the event this Court was to

     condone the delay and allow the Appeals to be entertained by the Appellate

     Authority, the Appeals will be heard and appropriate decision therein will

     be rendered by either Mr. Girish Mahajan, Minister of Water Resources or

     Mr. Chandrashekhar Bawankule, Minister of Revenue and not by

     Respondent no. 6. This is in view of the objection taken by the Petitioner as

     to Respondent no. 6 hearing the Appeals, as it is the very same Respondent

     no. 6 at whose instance some of the complaints have been filed and which

     has resulted in the aforementioned Appeals which position is vehemently

     denied by Mr. Bhave, learned Counsel appearing for Respondent no. 6.

4.   We accordingly consider it appropriate that, without providing any reasons

     for condoning the delay and without going into the merits of the dispute,

     and considering the aforementioned statement made by the learned

     Advocate General to condone the delay in filing of the Appeals.

5.   The impugned orders dated 1st June 2026 are accordingly set aside.

6.   The Appeals are restored to file and shall be heard by the Appellate


                                           Page 2 of 3
                               -------------------------------------
                                 Order dated 25th June 2026
                                                                                         908. WP-7737-2026.doc
                                                                                  Mahatma Gandhi vs. State & Ors.




           Authority who shall be either the Minister of Water Resources namely, Mr.

           Girish Mahajan or the Minister of Revenue namely, Mr. Chandrashekhar

           Bawankule on merits. The Appeals shall be disposed of by the Hon’ble

           Minister within a period of 12 weeks from today.

7.         The Writ Petition is accordingly disposed of with no order as to costs.

8.         It is made clear that this Court has not expressed any opinion on the merits

           of the matter and the rights and contentions of all the parties in that regard

           are kept open. It is further directed that this order shall not be treated as a

           precedent on the issue of condonation of delay.




         ( FARHAN P. DUBASH, J. )                                           ( R.I. CHAGLA J. )




Shubham Gadhavepatil




                                                Page 3 of 3
                                    -------------------------------------
                                      Order dated 25th June 2026


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