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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