Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 15811 (BOM)

GURUCHHAYA BAHUUDDESHIYA SANSTHA, THR. SECY. SHRI. JAGDISH DEVIDAS RATHOD AND ANR. v. STATE OF MAHA., THROUGH ITS SECY. DEPT. OF EDUCATION AND OTHERS.

WP/8135/2026 · 2026-10-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

123-WP-8135-2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 8135 of 2026 Guruchhaya Bahuuddeshiya Sanstha, Nagpur through its Secretary and anr. vs. The State of Maharashtra and others. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. P. N. Shende, Advocate for petitioners. Mr. N. S. Rao, Assistant Government Pleader for respondent nos. 1 to 3. CORAM :- ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE :- 8th OCTOBER, 2026. P. C. Heard the learned counsel for the petitioners. 2. Shri Shende, the learned counsel submits that earlier School was run at Umrer. Due to Covid-2019 pandemic and dilapidated condition of the School, it was required to be shifted to Bhojapur considering the safety of the students. 3. The learned counsel then invited our attention to the communication dated 30.06.2023 and contended that the proposal regarding shifting of the School from Umrer to Bhojapur was pending consideration before the concerned authority. According to him, in the peculiar situation and safety of the students, the said communication dated 30.06.2023 ought to have been taken to its logical end immediately. But the authority did not do so. 4. According to the learned counsel, now the Education Officer(Secondary), Zilla Parishad, Nagpur, has called upon the petitioners to explain as to why the recognition of the School should not be cancelled and criminal prosecution be not initiated for shifting of the School. 5. We would observe that when the School was shifted from Umrer to Bhojapur, it was Covid-2019 pandemic and the building was in dilapidated condition. Therefore, it was obligatory on the part of the 123-WP-8135-2026.odt 2 respondents authorities to decide the communication 30.06.2023 immediately. Having not done so, we are of the opinion that the order impugned prima facie is not in accordance with law. We say so for one reason that if the communication dated 06.10.2023, which is at record page No.23, is seen, it would reveal that the Education Officer(Primary) Zilla Parishad, Nagupr has already forwarded recommendation. 6. In that view of the matter, we pass the following order: (i) The respondent no.1 is directed to take the communication dated 30.06.2023 to its logical end within a period of two weeks from the date of production of copy of this order. (ii) Till such time, there shall be stay to the communication dated 29.09.2026 issued by the Education Officer (Secondary), Zilla Parishad, Nagpur. 7. The writ petition is disposed of accordingly. No costs. ( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Andurkar. Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 08/10/2026 15:07:20