Bombay High Court
Lok Shikshan Mandal, thr. Secy., Hinganghat, Wardha & Anr. v. State of Mah., thr. Secy., Dept. of School Education and Sports, Mantralaya, Mumbai & Ors.
2026:BHC-NAG:11625-DB · WP/3256/2026
- Decision date
- 2026-09-03
- Text availability
- Full text
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Judgment text
2026:BHC-NAG:11625-DB 1 934) WP 3256-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3256 OF 2026 LOK SHIKSHAN MANDAL, THR. SECY., HINGANGHAT, WARDHA AND ANR. VS STATE OF MAH., THR. SECY., DEPT. OF SCHOOL EDUCATION AND SPORTS, MANTRALAYA, MUMBAI AND ORS. Office Notes, Office Memoranda of Court's or Judge's orders Coram, Appearances, Court's orders or directions and Registrar's orders Shri M.R.Joharapurkar, Advocate for petitioners. Shri S.M.Ukey, AGP for respondents/State. CORAM: ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : 03/09/2026 Heard the learned counsel for the petitioners. 2. The prayer made in this petition is for issuance of a direction to respondent no. 1 to issue a Corrigendum to the Government Resolution (G.R.) dated 27/07/2012. A further request is made to direct that in Column No. 4 of the List of Schools at Sr. No. 124, as regards the sanction granted to the Class/Section in the Science stream pertaining to petitioner no. 2, the word ‘fourth’ Section be corrected and replaced by ‘third’ Section. The said list is annexed at page 37 of the petition. 3. In the aforesaid background, the learned counsel for the petitioners also prays for quashing of the communication dated 01/02/2022 qua Entry at Sr. No. 31.
4. In rebuttal, the learned AGP has relied upon the affidavit dated 28/08/2026, more particularly, paragraphs 2 and 3. In order to decide the controversy, the said paragraphs are reproduced below:-2 934) WP 3256-26.odt “2. Itissubmittedthat,on29.06.2026,theofficeof thisrespondentforwardedtheproposalforcorrectionin the sanction order to the Director of Education Secondary. On 6/7/2026, the office of Director of Education Secondaryhasforwardedtheproposalto the PrincipleSecretary.Thecopyofproposaldated6/7/2026 isannexedatANNEXURER-1. 3. It is submitted that, the Government resolution dated1/4/2026and2/4/2026isalsochallengedinthis petitionanditisalsounderchallengeinvariouspetitions beforetheHon'bieHighCourtatthisbenchandalsoat various benches. While dealing with group of petitions challengingGovernmentresolutiondated1/4/2026and 2/4/2026,theHon'blecourtatPrincipleseathaspassed following order on 24/8/2026 in writ petition 5476 of 2026andothers. “8. The Respondent State is directed to delete thenamesofthePetitionersSchoolsfromthelist of the schools which was published along with the Government Resolutions dated 1st April 2026and2ndApril2026.
9.Inrespectofthehearingbeinggranted,asper the aforesaid statement on behalf of the Respondent - State, we direct the Respondent StatetoissuenoticetothePetitionerstoappear onthescheduleddate.Thedecisiontakenbythe Respondent State in respect of the Petitioners schoolsshallbecommunicatedtothePetitioners schools within a period of one week from the taking of the decision which shall be in accordancewithlaw. 10. Needless to mention that the Petitioners schools would continue theirrespective schools and no action as contemplated under the Government Resolutions dated 1st April 2020 and 2nd April 2026 shall be initiated against them.” The copy of order dated 24/8/2026 is annexed at AnnexureR-2.” 3 934) WP 3256-26.odt 5. The learned AGP further submits that now, the communication dated 06/07/2026 is already issued by the Direction of Education, Pune, and in light of the said statement made in the affidavit as well as the communication dated 06/07/2026, the issue raised in the present petition can be resolved. He has further pointed out the judgment delivered by the Principal Seat of this Court in Writ Petition No. 5476/2026 (Shri Bhairavnath Lokseva Pratishthan Chinchani, Tq. Shirur, Dist. Pune and Anr. V/s. the State of Maharashtra) with connected Writ Petitions, dated 24/08/2026.
6. As regards, the issue involved in present petition, it can be said that the respondent(s), in light of the communication dated 06/07/2026, so also the statement made in the affidavit, can take the matter to its logical end by granting an opportunity of being heard to the petitioners. 7. Accordingly, the petitioners are directed to remain present on 16/09/2026 at 11.00 a.m. before the respondent no. 1. 8. Thereafter, the respondent no. 1 shall decide the issue involved in light of the affidavit as well as the communication dated 06/07/2026, within a period of four weeks. 9. Accordingly, the Writ Petition stands disposed of. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) B.T.K. Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 03/09/2026 18:24:27