Order wp 7123.2014.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 7123 of 2014 [Weavers Educational Society, Mominpura, Nagpur through its Preisent Mr. Hifzur Rehman S/o Mohammad Usman and anr. vs. The State of Maharashtra, through Secretary, Department of Education and anr.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. R. R. Deo, Advocate h/f Mr. H. S. Chitaley, Advocate for the petitioners Mr. S. B. Bissa, AGP for the State/respondents CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : 30-09-2026. On 29-8-2026, following order was passed. “1. The issue involved is whether Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, “ the Rules of 1981”) is applicable to the minority institution. 2. The counsel for the petitioner submits that the issue has been considered by this Court in the following judgments : (i) Parbhani Education Society v. State of Maharashtra & Anr., (2014) MCR 75 (ii) Canossa Society, Canossa Convent Mahakali Caves Road & Anr. v. Commissioner, Social Welfare, Directorate, Government of Maharashtra & Ors., 2014 SCC OnLine Bom 536 (iii) Momin Education Society, Mohalla Sayadan, Nanded & Anr. v. Education Officer (Primary), Zilla Parishad, Nanded & Ors., 2012 (6) Mh.L.J. 539 (iv) Mahadev Rama Kaikadi v. The State of Maharashtra & Ors. 2021(1) MhLJ 348. 2026:BHC-NAG:13028-DB Order wp 7123.2014.odt 2 (v) Sindh Education Society & Anr v. Chief Secretary, Government of NCT of Delhi & Ors. (2010) 8 SCC 49. 3. The counsel for the petitioner submits that the principles laid down in the judgments will be applicable to declare that Rule 26 of the Rules of 1981, is not applicable to the minority institution. 4. Copies of the judgments are given to the learned AGP today in the Court. 5. The learned AGP shall go through the judgments and make a statement. 6. List in the week commencing 28.09.2026.” As could be seen, the petitioners relied upon five judgments to point out that the principles laid down in the said judgment will be applicable to declare that Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is not applicable to the minority institution. 2. Learned Assistant Government Pleader submits that he has gone through the judgments and the argument put forth by the petitioner is valid. 3. In view thereof and in terms of the law laid down in the aforesaid judgments and the principles governing the ratio, it is declared that Rule 26 of the Rules of 1981 will be not applicable to the minority institution. 4. Consequently, the communication dated 24-11-2014 issued by respondent no. 2 stands quashed and set aside. Order wp 7123.2014.odt 3 5. The petition is disposed of in terms of above. (JUDGE) (JUDGE) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 01/10/2026 11:01:28