1 989.WP.8431.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 989 WRIT PETITION NO. 8431 OF 2024 WITH CIVIL APPLICATION NO. 8858 OF 2025 IN WP/8431/2024 1. Maulana Mohammad Ali Johar Education Society, Sillod, Tq. Sillod, District Aurangabad through its President, Shaik Mohammad Kaisar Azad Abdul Gafur 2. Shaikh Mohammad Moin Mohammad Subhan … PETITIONERS VERSUS 1. The State of Maharashtra, through its Principal Secretary, Department of School Education and Sports Mantralaya, Mumbai – 400 032 2. The Deputy Director of Education, Chhatrapati Sambhajinagar Division, Chhatrapati Sambhajinagar 3. The Education Officer (Primary), Zilla Parishad, Chhatrapati Sambhajinagar 4. Pathan Banekha Noorkha … RESPONDENTS WITH WRIT PETITION NO. 8446 OF 2024 WITH CIVIL APPLICATION NO. 8859 OF 2025 IN WP/8446/2024 1. Maulana Mohammad Ali Johar Education Society, Sillod, Tq. Sillod, District Aurangabad through its President, Shaik Mohammad Kaisar Azad Abdul Gafur 2026:BHC-AUG:28071-DB 2 989.WP.8431.24.odt 2. Shaikh Mohammad Moin Mohammad Subhan … PETITIONERS VERSUS 1. The State of Maharashtra, through its Principal Secretary, Department of School Education and Sports Mantralaya, Mumbai – 400 032 2. The Deputy Director of Education, Chhatrapati Sambhajinagar Division, Chhatrapati Sambhajinagar 3. The Education Officer (Secondary), Zilla Parishad, Chhatrapati Sambhajinagar 4. Pathan Banekha Noorkha … RESPONDENTS ... Advocate for the Petitioners : Mr. V.D. Sapkal, Senior advocate a/w Mr. V.K. Bhosale i/b. Mr. Majit S. Shaikh AGP for Respondent/State : Ms. V.S. Chaudhari Advocate for Respondent No.3 : Mr. Uttam B. Bondar Advocate for Respondent No.4 : Mr. Vilas Balgir Giri Advocate for applicant : Mr. Raviprasad K. Ashtekar in Application Nos.8858/2025 and 8859/2025 … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 02.07.2026 PER COURT: 1. By these petitions, the petitioners have put forth following substantial prayer: “A. Quash and set aside the impugned communication dated 22/7/2024 with further directions to permit the petitioner to undertake the exercise of recruitment in relation to the 3 989.WP.8431.24.odt posts those are lying vacant as prayed by the petitioner in its proposal dated 9/7/2024; and for that purpose issue necessary directions.” 2. Heard learned Senior advocate for the petitioners, learned AGP for the respondent – State, learned advocate Mr. U.B. Bondar for respondent No.3, learned advocate Mr. V.B. Gire for respondent No.4 and learned advocate Mr. R.K. Ashtekar who seeks to intervene in the present petition. 3. The petitioners earlier approached this Court by challenging the communication dated 24.07.2023 by the respondent – Education Officer (Primary), thereby, denying permission to publish an advertisement to fill up the posts of Shikshan Sevak. This Court by order dated 18.03.2024 passed in Writ Petition No.9840/2023, partly allowed the writ petition and quashed and set aside the impugned communication dated 24.07.2023 and directed the respondent No.3 – Education Officer (Primary), to take a fresh decision except the reasons mentioned in the impugned order dated 24.07.2023, by extending petitioner No.2 an opportunity of being heard. Pursuant to the said order the Education Officer has granted approval to the appointment of the petitioner No.2 therein by order dated 10.06.2024. 4. The impugned order in the present writ petitions mentions that since there is dispute in the Management, which is pending before the Charity Commissioner, therefore, till the duly 4 989.WP.8431.24.odt elected committee’s record is presented, no policy decision can be taken by the managing body. 5. Learned Senior advocate by relying on the decision of this Court in Writ Petition No.11297/2014 submits that merely because the change report of the petitioners is pending, they cannot be prohibited from initiating the recruitment process. Since the academic year has to commence, it is necessary to fill up the posts. The newly elected representatives i.e. petitioners cannot be prohibited from functioning, on the ground that the change report has not been accepted by the Assistant Charity Commissioner. Merely because the change report is pending, the old body does not continue and cannot be permitted to function as it held in the said decision. 6. Learned advocate for the intervenor strenuously apposed the petition by contending that the petitioners’ body is recruiting all their near relatives, which is detrimental to the interest of the Trust and the students taking education in the schools run by the Trust. 7. Taking into consideration the earlier orders passed by this Court in favour of the petitioners, writ petition is partly allowed. The impugned communication dated 22.07.2024 is hereby quashed and set aside. The petitioners are permitted to undertake the exercise of recruitment of the Headmaster and Assistant teachers as per the proposal submitted by them with a caveat that, the Education Officer 5 989.WP.8431.24.odt shall be part of the entire recruitment process. Writ petitions are accordingly disposed of. Pending applications also stand disposed of. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/