906.WP2387_2022.DOC Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2387 OF 2022 Phule Educational Society, Pune … Petitioner Vs. The State of Maharashtra & Ors. ...Respondents _________ Mr. J.S. Kini a/w. Mr. Aum Kini and Mr. Parth Kini i/b. Sapna Krishnappa for the petitioner. Mr. Yuwraj D. Patil a/w. Mr. Pankaj P. Deokar for respondent nos. 3 and 4. Mr. Aditya R. Deolekar, AGP for the State. __________ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 25 AUGUST, 2026. P.C. 1. We have heard learned counsel for the parties. The only prayer made in this petition is required to be noted, which reads thus: “a) That this Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other order, writ, or direction in the nature of mandamus to ensure that the 5th standard class being continued to be run by respondent no. 4 is stopped forthwith in compliance with the orders passed by respondent nos. 2 and 3 and in implementation of the Government Resolution dated 19 September, 2019 being Exhibit A hereto.” 2. The grievance of the petitioner is that respondent no. 3 is illegally permitting respondent no. 4-school to conduct classes at Ashoknagar, which was commenced contrary to the norms governing the commencement of a school and/or the conduct of classes of a secondary school. The objection of the petitioner is to respondent no. 4 conducting classes of V Standard. 3. Responding to the petition, reply affidavit is filed on behalf of respondent 25 August, 2026 906.WP2387_2022.DOC nos. 3 and 4 by Mrs. Asma Momina, Education Officer (Primary), Zilla Parishad, Pune. To such affidavit, a communication dated 15 June, 2019 addressed to the Education officer, Panchayat Samiti has been annexed, wherein it is clearly recorded that respondent no. 4 has no permission to conduct the classes of V Standard. The said communication is required to noted, which reads thus: (Translation of a photocopy of a LETTER, typewritten in Marathi) Pune Zilla Parishad, Pune. Yashwantrao Chavan Bhavan, Education Department O.W. No. Z.P. Education/ Kha.Pa.Sha./ 359 Date : 15.06.2019. To, Education Officer, Panchayat Samiti, Indapur, Tal. Indapur, District Pune. Subject : Regarding not being able to grant approval for the 5th standard class. Reference : Letter bearing O.No. Education/W.S./3/470/2019 dated 10.05.2019 from Your Office. In connection with the above-referred letter on the above-mentioned subject, it is hereby informed that as per the Enquiry Report submitted by you, the distance to the Z.P. School in Ashok Nagar, Bhavani Nagar is less than 1 km and vide Z.P. Primary Department letter No. Z.P. Education/Primary- 2/475/2018 dated 01/08/2018, approval had previously been granted to the School to start a 5th standard class. Moreover, although, the parents of 22 students have expressed their willingness and submitted in writing to that effect to enroll their children in the 5th standard class at the Z.P. School, Ashok Nagar itself, for the academic year 2019-20, approval for the 5th standard class at the said Z.P. School, Ashok Nagar, cannot be granted. (Signature Illegible) Education Officer (Primary) Pune Zilla Parishad, Pune.” 4. Thereafter, our attention is also drawn to the communication dated 24 July, 2019 issued by the Deputy Director of Education to the Education Officer 25 August, 2026 906.WP2387_2022.DOC (Primary), Zilla Parishad, Pune directing that steps be taken to close down the V Standard classes. The said communication reads thus: (Translation of a photocopy of a LETTER, typewritten in Marathi) Exhibit-R-4 Office of the Deputy Director of Education, Pune Division. 17, Dr. Ambedkar road, Opp. Laal Deul, Pune 411001. Telephone No. 020-26125699, 26122217 Fax No. 020-26122217 E-mail ID No. dydpune@gmail.com Web-site www.dydepune.com ------------------------------------------------------------------------------------------------- O.No. D.D.E./Primary-202/2018-19/5415 Date : 24th July, 2019 To, Education Officer (Primary) Zilla Parishad, Pune. Subject : Regarding closing the class which was started unauthorizedly. Reference : Representation dated 08.07.2019 from the Chairman, Phule Education Society, Pune. In connection with the above-mentioned subject, you are hereby informed that this Office has received a Representation dated 08.07.2019 from the Chairman of Phule Education Society, Pune (copy is enclosed herewith). As mentioned in the said Representation that has been received, as per your letter dated 15.06.2019, you are directed to take immediate action at your level, in accordance with prevailing Rules to close the 5th standard Class at Zilla Parishad Primary School, Ashoknagar, Bhavaninagar (Taluka Indapur, District Pune) and to directly send the Report regarding the action taken to the Parties concerned. Encl. : Copy of the above- referred Representation (Signature Illegible) (Minakshi Raut) In-charge Deputy Director of Education, Pune Division, Pune – 01. 5. On such backdrop, the Zilla Parishad itself has placed the said communications on record along with its reply affidavit. We find that, insofar as the subsequent period is concerned, there appears to be no permission granted in accordance with law permitting respondent no. 4 to conduct classes of V Standard. We are informed by learned counsel for respondent nos. 3 and 4 that a 25 August, 2026 906.WP2387_2022.DOC proposal has been submitted and is pending consideration before the Deputy Director of Education. If that be so, the said proposal would be required to be decided in accordance with law. However, the fact remains that, as on date, there is no valid permission granted to respondent no. 4 to conduct classes of V Standard and/or any secondary classes. 6. In this view of the matter, we are inclined to dispose of this petition, as action has already been taken by the Deputy Director of Education for closure of the V standard classes being conducted by respondent no. 4. In the event any proposal is pending consideration, the same shall be required to be decided in accordance with law, after hearing all the concerned parties. We have not expressed any opinion on any decision, which would be required to be taken on such pending proposal. 7. The petition stands disposed of in the aforesaid terms. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 25 August, 2026 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 29/08/2026 11:27:11