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Bombay High Court

DHUMANE-PATIL FOUNDATIONS AND ANRversusSTATE OF MAHARASHTRA THR SEC. HIGHER AND TECHNICAL EDU. DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the State Higher Education Commission's resolution prohibiting new pharmacy institutions precludes the issuance of the requested government resolution, and therefore the writ of mandamus cannot be granted.

Summary

The petitioners, Dhumane‑Patil Foundations and an associated institute, filed a writ petition seeking a mandamus directing the State of Maharashtra to issue a government resolution permitting the institute to commence a Diploma in Pharmacy course. The High Court had earlier ordered the State to consider the petitioners' representation by July 9, 2026. On July 8, 2026, the State submitted a communication indicating that the Maharashtra State Higher Education and Development Commission, chaired by the Chief Minister, had resolved that no new B.Pharmacy or D.Pharmacy institutions would be allowed from the 2026‑27 academic year through 2030‑31, and no increase in intake would be permitted. The Court held that this policy resolution effectively barred the petitioners' request and that the grievance was therefore addressed. Consequently, the Court disposed of the writ petition without granting the mandamus and without an order as to costs.

Issues considered

  • Whether the State is legally bound to issue a government resolution allowing the institute to start a Diploma in Pharmacy course.
  • Whether the petitioners are entitled to a writ of mandamus in view of the State Higher Education Commission's resolution prohibiting new pharmacy institutions.

Subjects

  • Writ of Mandamus
  • Higher Education Policy
  • Pharmacy Education
  • Government Resolution
  • Administrative Law
  • State Policy

Judgment

                                                                                                                           38. WP-8028-2026.doc
                                                                                                              Dhumane-patil & Anr. vs. State & Ors.




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                         WRIT PETITION NO. 8028 OF 2026

                                Dhumane-Patil Foundations and Anr                                        ..      Petitioners
                                       V/s.
                                State of Maharashtra and Ors.                                            ..      Respondents

                                                  ______________________________________
                                Ms. Ashmita Goradia i/b Yogita Singh for Petitioners.
                                Ms. Priyanka Chavan, AGP with Mr. Ketan Joshi for State.
                                                _______________________________________

             Digitally signed
                                                                   CORAM : R.I. CHAGLA AND
             by SHUBHAM
SHUBHAM      SHESHRAO
SHESHRAO     GADHAVEPATIL
GADHAVEPATIL Date:
                                                                                              FARHAN P. DUBASH, JJ.
             2026.07.13
             11:11:30 +0530


                                                                   DATE                 : 10th JULY 2026
                                P.C.:

                                1.      The present Writ Petition seeks a Writ of Mandamus against Respondent no.

                                        1 – State, directing them to issue the requisite Government Resolution to

                                        enable the Petitioners to formally commence Petitioner no. 2 – Institute

                                        offering Diploma in Pharmacy course.

                                2.      By an order dated 2nd July 2026, we had directed Respondent nos. 1 and 2 to

                                        consider the pending representation of the Petitioners and pass necessary

                                        orders thereon, as expeditiously as possible and, in any event, not later than

                                        9th July 2026.

                                3.      Today, Ms. Priyanka Chavan, learned AGP, tenders a copy of

                                        communication dated 8th July 2026 that has been addressed to the



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                                                                    Order dated 10th July 2026
                                                                                              38. WP-8028-2026.doc
                                                                                 Dhumane-patil & Anr. vs. State & Ors.




           Petitioners in compliance of the said order. The same is taken on record and

           marked “X” for identification.

4.         A perusal of this communication reveals that a meeting of the Maharashtra

           State Higher Education and Development Commission, under the

           Chairmanship of the Hon’ble Chief Minister, was held on 15 th May 2026. In

           the said meeting, the Commission resolved that, from academic year 2026-

           27 to academic year 2030-31, no new B. Pharmacy or D. Pharmacy

           institution shall be permitted to commence in the State of Maharashtra. It

           has also been resolved not to permit increase in the intake capacity of

           students in existing institutions offering the said courses.

5.         Considering this, we are of the view that the grievance of the Petitioners

           raised in the present Writ Petition stands addressed and nothing further

           survives for consideration. If the Petitioners are aggrieved by the aforesaid

           resolution, the Petitioners are always at liberty to avail such remedy in law

           as may be available to them.

6.         With these observations, the present Writ Petition is disposed of, with no

           order as to costs.



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



Shubham Gadhavepatil




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                                        Order dated 10th July 2026


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