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2026 DAILYLAW 4876 (BOM)

SHRI SHARAD SHIKSHAN PRASARAK MANDAL THR. PRESIDENT/SECRETARY AND ANR. v. THE STATE OF MAHARASHTRA THR. SECRETARY SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.

WP/4112/2026 · 2026-08-27

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

911 wp 4112-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4112 OF 2026 Shri. Sharad Shikshan Prasarak Mandal, Wathar Tarfe Vadgaon and Another. ...Petitioners. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Utkarsh Desai for the Petitioner. Mr. Santosh A. Jadhav AGP for the Respondent-State. Mr. Kedar Lad for the Respondent No.6. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : August 27, 2026. P. C. : 1. By the present petition, the Petitioner seeks a direction to the Respondent No.5-Education Officer to provide user id and password to the Petitioner school for filling up all the requisite information on the student portal and permit Petitioner No.1–educational institution to complete the on-line and off-line official work on behalf of Petitioner No.2 till the regular staff is appointed in Petitioner No.2-secondary school. 2. Learned Counsel appearing for the Petitioner would point out that in the earlier round of litigation by order dated 30th July 2026, this Court had permitted the Petitioners to make an appropriate application for approval of staffing pattern which is required to be finalised before Patil-SR 1 of 4 911 wp 4112-26.doc 30th September 2026 as per the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981and had directed the concerned Education Officer to ensure that the staffing pattern of the Petitioner is approved in accordance with law. He would further point out that though representation was made on 5th August 2026, the Respondent No.2 has failed to provide the user id and password for filling up all the requisite information on student portal and hence the present petition has been filed. 3. Learned AGP on instructions would submit that there is a dispute between the rival factions of the management and there is no clarity as to whether Petitioner No. 1 herein is the President and Secretary, who is authorised to represent the society. He would submit that without any clarity on that aspect, the user id and password cannot be allotted. 4. We have considered the submissions and perused the record. 5. The limited prayer is for allotment of the user id and password for filling up the requisite information on the student portal. This Court by order of 30th July 2026, in the earlier round of litigation, had directed the Education Officer to ensure that the staffing pattern of the Petitioner is approved in accordance with law. Today, the only request made is for direction to the Respondent–Education Officer to provide the user id and password. Respondent No.5-Education Officer is not Patil-SR 2 of 4 911 wp 4112-26.doc concerned with the dispute between rival factions of the Petitioner educational institution. The said dispute is within the domain of Charity Commissioner’s Office. Neither the Petitioner seeks any approval to the staffing pattern and the requirement is only of user id and password for filling up the requisite information on the student portal. Once the user id and password is provided, it is for the Education Officer to then decide whether the staffing pattern can be approved or not in accordance with law. However, by reason of the dispute between the rival factions, the Petitioner cannot be precluded from seeking user id and password, particularly considering that the staffing pattern is required to be approved before 30th September 2026. 6. Though an intervention application was sought to be filed by the rival faction, considering that said dispute is within the domain of Charity Commissioner’s office, and not in the present proceedings, this Court has dismissed the intervention application. 7. Without granting equities by reason of the filling up of requisite information on the student portal, the Respondent No.5-the Education Officer is directed to provide user id and password to the Petitioner through its President, who had filed representation dated 5th August 2026 for filling up the requisite information on the student portal, by the end of the day. 8. It is clarified that no rights can be claimed by the present Patil-SR 3 of 4 911 wp 4112-26.doc President only by reason of the direction given by this Court to provide him user id and password. 9. Petition is disposed of in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Patil-SR 4 of 4