Rubina Kausar Mohmmad Ali v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:2920-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO. 13592 OF 2024 Rubina Kausar Mohmmad Ali

...Petitioner

Versus

The State Of Maharashtra Through The Secretary And Others

...Respondent

...

Smt. Nayana Patil, Advocate h/f for Smt. Surekha Mahajan, Advocate for the Petitioner Shri S. K. Tambe, AGP for Respondent/State ...

CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ.

DATED : 29th JANUARY, 2025 PER COURT :

1.

Heard.

2.

Learned counsel for the petitioner on the point of the maintainability, for having alternate remedy and Government Resolution dated 27.03.2024. A small question is whether Government Resolution dated 27.03.2024 applies to the minority institution. Learned counsel submits that this Government Resolution does not extend to the 1 of

minority institution. Hence, the minority institution is not covered under the said resolution and need not go to the appellate authority as mentioned in the Government Resolution of 27.03.2024.

3.

Per contra, learned AGP submits that all private schools in the State of Maharashtra have been included. Though the institution is a minority institution, the school is private. Therefore, the Government Resolution dated 27.03.2024 covered the private schools run by minority institutions also.

4.

We are not touching the merits of the matter. However, after having gone through the Government Resolution dated 27.03.2024, we are of the opinion that all private schools excepting who runs it or covered under the Government Resolution. Therefore, the petitioner has an alternative efficacious remedy.

5.

Hence, this writ petition stands dismissed and not maintainable with liberty to the petitioner to 2 of

approach the authority as per the above Government Resolution dated 27.03.2024.

(SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.) Komal/ 3 of