The Tahzeeb Education And Welfare Society Through Its Chairman And Another v. The State Of Maharashtra Thruogh Its Principal Secretary And Others

2026:BHC-AUG:16757-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 514 OF 2026 THE TAHZEEB EDUCATION AND WELFARE SOCIETY THROUGH ITS CHAIRMAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. J.V. Patil, Advocate for petitioners Mr. A.M. Phule, AGP for State Mr. G.D. Jain, Advocate h/f Mr. M.S. Sonawane, Advocate for respondent No.4 ...

CORAM :

SMT. VIBHA KANKANWADI & NEERAJ P. DHOTE, JJ.

DATE :

17th APRIL, 2026 ORDER :

.

In view of our order dated 17.03.2026 respondent No.4 is present personally before us. The learned Advocate Mr. G.D. Jain holding for learned Advocate Mr. M.S. Sonawane tenders photo copy of communication dated 17.04.2025 by respondent No.4 to the Government Pleader, thereby cancelling the proceedings/order dated 08.12.2025, thereby initiating an inquiry based upon complaint filed by respondent Nos.7 to 15. The said

909_WP_514_2026 letter is taken on record by marking it as Exh. 'X'. In view of letter Exh. 'X' learned Advocate for petitioners submits that purpose of petition has been served and, therefore, petitioners wish to withdraw the petition. While passing the order dated 17.03.2026 we had made some observations regarding the impugned order dated 08.12.2025 and the Government Resolution dated 18.02.2025. We had also observed that the Education Department and its officers should follow the procedure laid down by the Government and also should take note of various decisions of this Court. Still we are coming across the orders taking cognizance of the complaints by third party and then either initiating inquiries or without hearing the educational institution or the employee certain orders are then passed. This action requires to be deprecated.

In fact, time and again, whenever such incidences are noted, we had issued directions to the Education Department to issue circulars once again to the officers that they are required to follow the Government Resolutions / circulars / Notifications and also the decisions of this Court as well as Hon'ble Supreme Court.

909_WP_514_2026 Supreme Court are avoided.

The petition stands disposed of as withdrawn. ( NEERAJ P. DHOTE, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd