Renuka Education Society Thr Its President And ANR v. The State Of Maharashtra And Others

2025:BHC-AUG:20239-DB 944.WP.8589.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8589 OF 2025 Renuka Education Society Through Its President And Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Gunale Vishwamber Digamberrao, for Petitioner.  Mr. V. K. Kagne, AGP for Respondent.

*** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 31st JULY 2025.

P. C. :

1.

In the light of the observations made in the order dated 17th July 2025, the learned counsel for the petitioner has tendered a copy of Government Resolution dated 17th February 2012, issued by the respondent - State elaborating upon the procedure contemplated under Rules 12.1 to 12.5 of the Secondary Schools Code, 2015, pertaining to change of managements. As per the said procedure, the management of the school can be changed with previous permission of the Deputy Director of Education.

2.

In the present case, such a proposal was moved on behalf of petitioner No.1 to transfer its school to petitioner No.2 - Management. On 28th April 2025, the respondent No.4 - Education Shrikant Malani

944.WP.8589.2025.doc Officer (Secondary), Zilla Parishad, Latur, forwarded the said proposal to the respondent No.3 - Deputy Director of Education. The proposal is pending consideration of respondent No.3.

3.

In view of the above, the petition can be disposed of by issuing appropriate directions.

4.

The writ petition is disposed of by directing respondent No.3 - Deputy Director of Education to decide the proposal of the petitioners as per the procedure indicated in Government Resolution dated 17th February 2012, read with Rules 12.1 to 12.5 of the Secondary School Code, 2015. The said respondent shall ensure that the requirements specified in the said Government Resolution are duly satisfied before passing any order in the matter. 5.

The respondent No.3 - Deputy Director of Education shall pass an order on the said proposal within three (03) months from today.

6.

Pending applications, if any, also stand disposed of. 7.

We make it clear that we have made no observations on the merits of the claims of the petitioners.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Shrikant Malani