Jankibai Jaiswal Bahuuddeshiya Sanstha, Nagpur Thr. President And Another v. Maha. State Examination Board Of Secondary And Higher Secondary Edu. Thr. Secy.,Nagpur And ORS.

2026:BHC-NAG:1453-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.735 OF 2026 [Jankibai Jaiswal Bahuuddeshiya Sanstha and Another ..Vs.. Maharashtra State Examination Board of Secondary and Higher Secondary Education and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. P. N. Shende, Advocate for Petitioners. Shri. A. Parchure, Advocate for Respondent No.1. Ms K. P. Marpakwar, AGP for Respondent Nos.2 and 3. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 29 th JANUARY, 2026 .

.

Heard Shri. P. N. Shende, learned counsel for the petitioners.

2.

The petitioner No.1 - Management, which runs petitioner No.2 - School, has approached this Court seeking a direction to respondent No.1 - Secretary, Maharashtra State Board of Secondary and Higher Secondary Education, Nagpur Division, Nagpur, to accept the examination forms of 27 students of petitioner No.2 - School for appearing in the S.S.C. Examination. The said examination is scheduled to be held in February, 2026 and the last date for submission of the examination forms with extraordinary late fees is 30.01.2026. 3.

The contention is that the petitioner No.1 - Management was initially granted permission to start petitioner No.2 - School from Standards I to VII and later on for Standard VIII. The students were admitted to Class IX by natural growth of Classes. The petitioner No.1 - Management had submitted a proposal to the Government of Maharashtra on 30.04.2024 seeking

permission to start Classes from Standard IX onwards. Shri. Shende, learned counsel for the petitioners, submits that the said proposal is still pending consideration with the State Government.

4.

It is further contended that since permission to run classes from Standard IX to XII is not yet granted, the respondent No.3 - Education Officer (Secondary), Zilla Parishad, Nagpur, submitted a proposal to respondent No.2 - Deputy Director of Education, Nagpur Division, Nagpur, to permit the petitioner No.2 - School to submit the examination forms of the aforesaid 27 students through Smt. Jankidevi Jaiswal Secondary School and Junior College, Nandanwan, Nagpur, another Institution run by the same petitioner No.1 - Management. However, the said proposal was rejected by respondent No.2 vide the impugned communication dated 21.01.2026.

5.

When the matter was listed before this Court yesterday, Shri. Anand Parchure, learned counsel for respondent No.1 had requested time to seek instructions from the respondent No.1 - Maharashtra State Examination Board, Nagpur Division, Nagpur, as to whether the examination forms of the students of petitioner No.2 - School can be accepted through another School run by petitioner No.1 - Management. Shri. Parchure, learned counsel, upon instructions, makes a statement that such an exercise can be done, subject to the petitioner No.1 - Management paying the extraordinary late fees before 30.01.2026.

6.

Shri. Parchure, learned counsel, further submitted that such action on the part of the petitioner No.1 - Management in

not diligently pursuing its proposal with the Government of Maharashtra for grant of permission to run Classes from Standard IX to XII and admitting students without such permission, thereby jeopardizing their future, needs to be deprecated.

7.

In view of the above, we pass the following order :

O R D E R

i) The respondent No.1 is directed to accept the examination forms of the 27 students of petitioner No.2 - School run by the petitioner No.1 - Management, upon payment of extraordinary late fees on or before 30.01.2026.

(ii) The petitioner No.1 - Management shall deposit an amount of Rs.1,00,000/- (Rupees One Lakh Only) in the Public Welfare Account bearing No.129712010001014, IFSC Code UBIN0812978, Union Bank of India, High Court Branch, Civil Lines, Nagpur, within a period of one week from today. (iii) The petitioner No.1 - Management shall file an undertaking before this Court within a period of one week from today stating that it shall diligently pursue its proposal dated 30.04.2024 with the State Government for grant of permission to run Classes from Standard IX to XII and that, until such permission is granted, it shall not admit any students in the said Classes. In the aforesaid undertaking, the petitioner No.1 - Management shall also point out the compliance of the direction of this Court in the

aforesaid Clause (ii) regarding deposit of amount of Rs.1 lakh in the Public Welfare Account.

8.

The office is directed to list the present petition on 06.02.2026 pointing out the compliance of the aforesaid direction at the behest of the petitioner No.1 - Management. 9.

The writ petition is, accordingly, disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 29/01/2026 20:17:51