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2025 DAILYLAW 61729 (BOM)

AADARSH JIVAN VIKAS PRATISHTHAN LATUR THR SECRETARY SHAIKH IBRAHIM SHAIKH ISMAIL v. THE STATE OF MAHARASHTRA AND OTHERS

WP/10554/2025 · 2025-10-10

Shri Hiten S Venegavkar, Smt Vibha Kankanwadi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

wp-10554.25 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 WRIT PETITION NO. 10554 OF 2025 AADARSH JIVAN VIKAS PRATISHTHAN LATUR THR SECRETARY SHAIKH IBRAHIM SHAIKH ISMAIL VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Mr. Ameya N. Sabnis Advocate for Petitioner. Mr. S.P. Sonpawale, A.G.P. for Resp. Nos. 1 and 2. ... CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ. DATE : 10th OCTOBER, 2025 ORDER : 1. Heard learned Advocate for the petitioner and learned AGP for respondent Nos. 1 and 2. The present Petition has been filed for quashing and setting aside Government Resolution dated 20th February 2025 issued by the Minority Development Department, State of Maharashtra contending that it is arbitrary, unreasonable and violative of Article 14 of the Constitution of India. 2. The petitioner has come with the case that the petitioner is 2025:BHC-AUG:29265-DB wp-10554.25 2 a minority institution declared so by the Education Department of the Government of Maharashtra by Government Resolution dated 30th March 2005. According to the learned Advocate for the petitioner there was no question of any temporary declaration because the Government Resolution does not show that the declaration was for a particular period. Thereafter respondent No.1 came with another Government Resolution on 27th May 2013, wherein the procedure for getting the educational institutions declared as minority institutions, was laid down. In the said Government Resolution in Clause No.9, it was stipulated that if the permanent declaration has been given by the Department of the Government earlier, then those institutions need not file any application. Therefore, the petitioner states that the petitioner was exempted. Now again on 20th February 2025, another Government Resolution has been introduced wherein there is an introduction of portal by name “Aaple Sarkar”( vkiys ljdkj ) and it is stated that it is for those minority institutions which have come up prior to July 2017. According to the learned Advocate for the petitioner, the petitioner is supposed to apply again for getting the status declared. 3. After reading the object with which the Government wp-10554.25 3 Resolution was brought into force, it appears that the Government wants to have a collective data in respect of even the institutions who have filed applications OfLine and have been granted such status in the past i.e. prior to July 2017. It has been stated that: “gh ckc fopkjkr ?ksrk tqyS 2017 iwohZ T;k vYila[;k ‘kS{kf.kd laLFkkauh vkWQykbZu ntkZ izek.ki= izkIr d#u ?ksrys vkgs v’kk loZ ‘kS{kf.kd laLFkkauk fMthVy Lok{kjh vlysys izek.ki= iznku dj.;kph ckc ‘kklukP;k fopkjk/khu gksrh-” 4. The Government Resolution dated 20th February 2025, states that:- “ekgs tqYkS] 2017 iwohZ vYila[;kad fodkl foHkkxkekQZr rlsp vYila[;kd fodkl foHkkx vfLRkRokr ;s.;kiwohZ ‘kkys; f’k{k.k o dzhMk foHkkx] mPp o ra= f’k{k.k foHkkx bR;knh foHkkxkaekQZr T;k ‘kS{kf.kd laLFkkauh /kkfeZd@Hkkf”kd vYila[;kd ntkZ izkIr d#u ?ksryk vkgs] v’kk loZ ‘kS{kf.kd laLFkkauk dGfo.;kr ;srs dh] R;kauh “vkiys ljdkj” https: /aaplesarkar.mahaonline.gov.in ;k ladsrLFkGkoj vkWuykbZu in~/krhus vtZ d#u fMftVy Lok{kjh vlysys vYila[;kd ntkZ izek.ki= ;k ‘kklu fu.kZ;kP;k fnukadkiklwu 6 efgU;kr izkIr d#u ?;kos-” wp-10554.25 4 5. Bare perusal of the same would show that only the application is to be made to get the certificate which is digitally signed and not fresh renewal. The learned Advocate for the petitioner then states that by another Government Resolution dated 11th August 2025, the time to get such certificate has been extended till 20th October 2025. He submits that the petitioner would apply with the said Portal and depending upon the response, the petitioner would act accordingly. He seeks therefore, withdrawal of the Petition. 6. The Writ Petition stands disposed of as withdrawn with liberty as prayed for, if occasion arises. [HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/OCT25