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2026 DAILYLAW 1345 (BOM)

MAHAMTA GANDHI VIDYA MANDIR NASHIK v. STATE OF MAHARASHTRA THR ITS DIVISION OF SCHOOL EDUCATION AND ORS

WP/7737/2026 · 2026-06-25

Shri Farhan P Dubash, Shri R I Chagla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

908. WP-7737-2026.doc Mahatma Gandhi vs. State & Ors. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7737 OF 2026 Mahatma Gandhi Vidya Mandir Nashik .. Petitioner V/s. The State Of Maharashtra And Ors .. Respondents ______________________________________ Mr. Ravi Kadam, Senior Advocate (through VC) a/w Rohan Kadam a/w Rucha Vaidya, S. B. Pawar, Nikita Jacob, Kinjal Khandelwal i/b K P Law Associates LLP for Petitioner. Dr. Milind Sathe, Advocate General a/w Neha Bhide, G.P. a/w O.A. Chandurkar, Addl.G.P. a/w Priyanka Chavan, AGP for State. Mr. Harihar Bhave a/w Karishma Choudhari i/b Devendra Avadh for Respondent no. 6. _______________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ. DATE : 25th JUNE 2026 P.C.: 1. The present Writ Petition impugns the orders dated 1st June 2026 rejecting the Appeals preferred by the Petitioner under Section 3(4) of the Maharashtra Educational Institutions (Management) Act, 1976 (the said Act) which came to be dismissed on the ground of delay. 2. By the impugned orders dated 1st June 2026, the Appellate Authority dismissed the Appeals solely on the ground that they had been filed beyond ------------------------------------- Order dated 25th June 2026 JYOTI PRAKASH PAWAR Digitally signed by JYOTI PRAKASH PAWAR Date: 2026.06.25 19:55:44 +0530 908. WP-7737-2026.doc Mahatma Gandhi vs. State & Ors. the period of 15 days prescribed under Section 3(4) of the said Act from the date of receipt of the Director’s orders. 3. Dr. Sathe, learned Advocate General appearing on behalf of Respondent no. 1, submits that under the said Act, there is no power to condone the delay in filing of the Appeals. He further submits that in the event this Court was to condone the delay and allow the Appeals to be entertained by the Appellate Authority, the Appeals will be heard and appropriate decision therein will be rendered by either Mr. Girish Mahajan, Minister of Water Resources or Mr. Chandrashekhar Bawankule, Minister of Revenue and not by Respondent no. 6. This is in view of the objection taken by the Petitioner as to Respondent no. 6 hearing the Appeals, as it is the very same Respondent no. 6 at whose instance some of the complaints have been filed and which has resulted in the aforementioned Appeals which position is vehemently denied by Mr. Bhave, learned Counsel appearing for Respondent no. 6. 4. We accordingly consider it appropriate that, without providing any reasons for condoning the delay and without going into the merits of the dispute, and considering the aforementioned statement made by the learned Advocate General to condone the delay in filing of the Appeals. 5. The impugned orders dated 1st June 2026 are accordingly set aside. 6. The Appeals are restored to file and shall be heard by the Appellate ------------------------------------- Order dated 25th June 2026 908. WP-7737-2026.doc Mahatma Gandhi vs. State & Ors. Authority who shall be either the Minister of Water Resources namely, Mr. Girish Mahajan or the Minister of Revenue namely, Mr. Chandrashekhar Bawankule on merits. The Appeals shall be disposed of by the Hon’ble Minister within a period of 12 weeks from today. 7. The Writ Petition is accordingly disposed of with no order as to costs. 8. It is made clear that this Court has not expressed any opinion on the merits of the matter and the rights and contentions of all the parties in that regard are kept open. It is further directed that this order shall not be treated as a precedent on the issue of condonation of delay. ( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) Shubham Gadhavepatil ------------------------------------- Order dated 25th June 2026