Arya Vidya Sabha, Nagpur, Through Its Secretary And Another v. State Of Maharashtra, Thr. Secretary, Dept. Of School Education And Sports, Mumbai And ANR.

2025:BHC-NAG:12245-DB 9wp2774.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2774 OF 2025 Arya Vidya Sabha, Jaripatka, Nagpur through its Secretary and another. Vs State of Maharashtra through its Secretary Dept. of School Education and Sports, Mantralaya Mumbai-32 and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.A. Naik, Senior Counsel a/b Mr. R.M. Tiwari, counsel for petitioners. Ms T.H. Khan, AGP for respondent Nos. 1 and 2/State. CORAM : ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE : 17/11/2025 1.

Heard.

2.

In view of the order dated 01/10/2025 issued by Education Officer, Zilla Parishad, Nagpur, granting administrative powers to the petitioners, the prayer clause (a) does not survive. As far as the amended prayer clause (b1) is concerned, which read thus:- "(b1): Hold and declare that the respondent No.3 - Maharashtra State Minority Commission has no jurisdiction or authority to enquire into the internal affairs or the administration of the petitioners including the service conditions and performance of employees of the petitioner no.2 - school;

3.

As regards the above-referred prayer (b1), we are of the opinion that the same can be directed to be taken into consideration by respondent No.3, as it relates to the question rkn

9wp2774.2025.odt of jurisdiction of respondent No.3, which goes to the root of the complaint pending before the Maharashtra State Minority Commission.

4.

In that view of the matter, without going into the merits of the case or dealing with the points raised in the present petition, we dispose of the writ petition with direction to respondent No-3 / Maharashtra State Minority Commission to decide the point of jurisdiction, as raised by the petitioner in the present petition, before deciding the complaint made by Smt. Geeta W/o Vikas Harvani on merits.

5.

We further grant liberty to the petitioners to file their written submission before the respondent No.3 within a period of two weeks from today. Upon submission of such written submissions, including on the point of jurisdiction, respondent No.3 shall decide the issue of jurisdiction first, before proceeding to decide the main complaint. 6.

Before deciding the point of jurisdiction, the respondent No. 3 shall grant an opportunity of hearing to the petitioners, and any decision passed on such point of jurisdiction shall be communicated to the petitioners. ( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) rkn