Dr. Babasaheb Ambedkar Samaj Sudharak Mandal Alpasankhyank (Dharmik) Raheri, Thr. President And ORS v. The State Of Mahrashtra, Thr. Secretary, School Education And Sports Dept., Mumbai And ORS.
2025:BHC-NAG:11496-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5129/2025 WRIT PETITION NO. 5129/2025 (1) Dr. Babasaheb Ambedkar Samaj Sudharak Mandal Alpasankhyank (Dharmik), Raheri Bu., Tah. Sindkhed Raja, District Buldhana, Through its President (2) Jeevan Vikas Madhyamik Va Uccha Madhyamik Vidhyalaya, Sathegaon, Tah. Sindkhed Raja, District Buldhana, Through its Headmaster Anil S/o Sukhdeo Zote, Aged about 46 years, Occ.
Service, R/o. Waghjai, Tah.
Sindkhed Raja, District Buldhana .....PETITIONER(S) //// VERSUS // VERSUS //
(1) The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai 400032 (2) The Deputy Director of Education, Amravati Division, Amravati The Education Officer (Secondary), Zilla Parishad, Buldhana .....RESPONDENT(S) ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri R.D. Karode, Advocate for the Petitioner(s) Shri R.D. Karode, Advocate for the Petitioner(s) Ms. Prachi Joshi, AGP Ms. Prachi Joshi, AGP for the Respondent/State for the Respondent/State ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● CORAM : M.S. JAWALKAR & M.W. CHANDWANI, JJ.
CORAM : M.S. JAWALKAR & M.W. CHANDWANI, JJ.
NOVEMBER 06 NOVEMBER 06 , 2025 ORAL ORAL
JUDGMENT
JUDGMENT
:- (PER:- M.S. JAWALKAR, J.) :- (PER:- M.S. JAWALKAR, J.) .
RULE. Rule made returnable forthwith. Heard finally by consent of learned Counsel for the respective parties. (2) The issue involved in the present Petition is that whether the ban which is referred by the Education Officer in
the communication dated 21/08/2024 is applicable in respect of the Petitioner - Society, as it is a Minority Institution. The Petitioner - Society has placed on record the certificate of Minority Institution which is issued on 23/07/2019. The Education Officer refused to grant approval on the basis of the communication dated 26/09/2024 issued by the Desk Officer, State of Maharashtra.
This issue is already covered by the judgment of this Court dated 16/11/2021 passed in Writ Petition No. 2538/2021 (Ubhajo Shikshan Sanstha & others vs. State of Maharashtra & others). The only reason given for refusing the approval is the ban on the recruitment process. In view of the judgment in Ubhajo Shikshan Sanstha (supra), the ban on the recruitment process is not applicable to the Minority Institutions. There is no dispute over the point that the Petitioner No. 1 is a Minority Institution.
(4) Hence, we proceed to pass the following order:- (a) The Writ Petition is allowed.
(b) The impugned communication dated 21/08/2024 issued by the Respondent No. 3 - Education Officer (Secondary), Zilla Parishad, Buldhana is hereby quashed and set aside.
(c) The Respondent No. 3 - Education Officer is hereby directed to grant approval to the appointment of the Petitioner No. 3, within a period of three weeks from today, if there is no other objection for grant of approval.
(d) Thereafter, the Respondent No. 2 - Deputy Director of Education shall issue Shalarth ID in the name of the Petitioner No. 3.
Rule is made absolute in the above terms. Pending Application(s), if any, stand(s) disposed of. (M.W. CHANDWANI, J.) (M.W. CHANDWANI, J.) (M.S. JAWALKAR, J.) (M.S. JAWALKAR, J.)