Dnyanbharati Education Society Thr Its President v. The Assistant Commissioner Social Justice And Social Welfare And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10894 OF 2024 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2026.04.20 10:16:37 +0530 Dnyanbharati Education Society ... Petitioner UDAY SHIVAJI JAGTAP

Versus

The Assistant Commissioner, Social Justice and Social Welfare & Ors.

... Respondents .............

Mr. Gajanan M. Savagave a/w Giridhar S. Koli for the Petitioner. Mr. A.A. Naik, for the Respondent - State.

.............

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 17th APRIL, 2026.

P. C. :

1.

At the outset, the Petitioner makes oral request to add the Secretary, other Backward Welfare Department, Mantralaya, Mumbai as a party Respondent in the present petition. Leave granted. 2.

Necessary amendment to be carried out forthwith. Re-verification is dispensed with.

3.

Learned AGP waives notice for newly added Respondent. 1 of

4.

The Petitioner has made following prayer in the present petition. "(b) This Hon'ble Court be pleased to direct the Respondents to consider the proposal of the Petitioner dated 9.2.2022 to start the Higher Secondary Classes of Classes of Std. 11 and 12 and to give the approval to start the said Classes within stipulated period or within 8 weeks from passing of the order by this Hon'ble Court."

5.

Perusal of the record shows that on 9th February 2022, the Petitioner Management has forwarded the proposal for sanction of additional 11th and 12th Standard Classes in the School to the Office of Assistant Commissioner, Social Welfare, Kolhapur. In response to the said proposal, the Assistant Commissioner, Social Welfare, Kolhapur has recommended the same to the Regional Deputy Commissioner, Social Welfare, Pune Division, Pune on 7th May 2022. 6.

It is seen from the record that the separate department namely, "Other Backward Bahujan Welfare Department, Government of Maharashtra, Mumbai" has been established by the State Government w.e.f. 1st June 2017 and the grievances of Petitioner is now required to be considered by this newly established department of State of Maharashtra. 2 of

7.

In the light of the peculiar facts and circumstances of the case, the Secretary, Other Backward Bahujan Welfare Department is hereby directed to consider the recommendation forwarded by the Regional Deputy Commissioner, Social Welfare, Pune to his Office and take decision as expeditiously as possible and in any case within a period of 2 months from the date of this order.

8.

It is made clear that, in the event the Respondent proposes to pass any adverse order against the Petitioner, due opportunity of hearing shall be granted to the Petitioner, and upon hearing all concerned parties, a reasoned order shall be passed and same shall be communicated to the Petitioner.

9.

The Writ Petition is disposed of in above terms. No order as to costs.

[PRAVIN S. PATIL, J. ] [MADHAV J. JAMDAR, J.] 3 of