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Bombay High CourtWP/14377/2025disposed off

Shree Ramrao Naik Bhau Uddeshiya Seva Bhavi Sanstha Through Its Secretary v. The State Of Maharashtra Through Its Secretary And Others

2026-01-08Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Hiten S. Venegavkar5 pages

2026:BHC-AUG:726-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.14377 OF 2025 Shree Ramrao Naik Bhau-Uddeshiya Seva Bhavi Sanstha, Munshiram Tanda, Taluka-Sonpeth, District-Parbhani, Through its Secretary, Ankush S/o Ramrao Jadhav, Age-58 years, Occu:Secretary and Social work, R/o-Sonpeth, Taluka-Sonpeth, District-Parbhani.

...PETITIONER

VERSUS

1) The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai-32,

2) The Commissioner (Education), Commissionerate of Education, Maharashtra State, M.G. Road, Camp, Pune,

3) The Chief Executive Officer, Zilla Parishad Office, Parbnani, District-Parbhani,

4) The Education Officer (Secondary), Zilla Parishad, Parbhani,

5) The Education Officer (Primary), Zilla Parishad, Parbhani.

...RESPONDENTS ...

Mr. Dnyaneshwar B. Pawar Advocate for Petitioner. Mr. S.B. Narwade , A.G.P. for Resp. Nos. 1, 2 and 4. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 8th JANUARY, 2026 ORDER [PER SMT. VIBHA KANKANWADI, J.] :

1.

Present Petition has been filed for following reliefs:- "B] To issue writ of mandamus or any other appropriate order directing the respondents authorities not to take any coercive action against the petitioner institution as per letter dated 12.10.2023 issued by respondent No.1 to the respondent No.2.

C] The respondent No.4 and 5 may please be directed to Extend the time for linking APAAR ID of the petitioner institution students as per the representation dated 21.03.2025 [Exhibit-e herewith] filed by the petitioner." 2.

Learned Advocate for the petitioner submits that by letter dated 21st March 2025, the petitioner had communicated to the Education Officer (Primary) as well as the Education Officer (Secondary), Zilla Parishad, Parbhani that the petitioner is finding difficulties for creating APPAR ID of the students as the parents of the students are either not giving consent or not giving Adhaar Cards for validation and therefore, they sought guidance. According to the learned Advocate, there was no reply from respondent Nos.4 and 5. He further submits that on 1st

January 2026, the Circular has been issued, wherein it has been stated that as per the U-DISE Plus Pranali, the action of registration of APAAR ID is completed to the extent of 85.5% i.e. 184.21 Lakh students and after that about 204.82 Lakh i.e. 95% students' Adhaar validation has been completed. Now, it has been stated that APAAR ID of all the students should be completed by 31st January 2026 and it appears that still 29.80 Lakh students APAAR ID has not been registered. Therefore, the petitioner has time till 31st January 2026. But in view of the technical difficulty and the fact that the parents of the students are not co-operating, the petitioner institution is finding difficulty.

3.

The first and foremost fact to be noted is that the difficulties which are faced by the petitioner in getting the consent of the parents, cannot be the subject matter of a writ jurisdiction. However, taking into consideration the duty shouldered on respondent Nos.4 and 5, they are supposed to respond and to get the work done if the Government is interested for such ID to be taken up.

4.

Learned Advocate for the petitioner relies on the decision

in Justice K.S. Puttaswamy (Retd.) and another vs. Union of India and others [Writ Petition (Civil) No.494 of 2012], decided on 26th September 2018, wherein, as regards the students taking education in the primary schools are concerned, it is stated that requirement of registration of their Adhaar Card is not compulsory.

5.

Here, as regards the APAAR ID is concerned, it appears that it is a different mechanism, which is to be undertaken through U-DISE Plus System. It appears that it has been created for child tracking by way of digital instruments so that there should not be drop outs and the children should receive the benefits of the education policy and other schemes those are introduced by the Central Government as well as the State Government. It is also brought under National Education Policy. 6.

When, now, the time is extended, we dispose of the Writ Petition by observing that the petitioner should try to get the APAAR ID work completed by 31st January 2026 and we also direct respondent Nos.4 and 5 to give necessary guidance to the petitioner in the said matter.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE

asb/JAN26