The High Court of Bombay, Aurangabad Bench directed parties to appear before the Deputy Director of Education to determine if the minority school management resolved to change the medium from Urdu to Marathi. Status quo was maintained.
Parties directed to appear before Deputy Director of Education; status quo maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 1109 of 2013
The Ahmednagar Social Association, Ahmednagar, The Public Trust, its Registration No. MH/1753/1989, Ahmednagar, P.T.R. No. F-1695, Zendigate, Ahmednagar, District : Ahmednagar, Through :
.. Petitioner.
versus
(2)
(3)
(4)
(5)
23. Shaikh Jakir Abdulgafur,
Age : Major, Occupation : Business, R/o. 1726, Zendigate, Ahmednagar, District : Ahmednagar.
Mr. Shaikh Mazhar A. Jahagirdar, Advocate, for the petitioners.
Mr. P.P. More, Assistant Government Pleader, for respondent nos.1, 2 and 25.
Mr. Dinesh Karle, Advocate, instructed by Mr. S.T. Shelke, for respondent no.3.
Mr. V.D. Hon, Advocate, for respondent nos.4, 6, 7, 9 and 10.
Respondent nos.5, 8, 11, 13 and 16 deleted.
(6)
Respondent no.12 served (Absent).
Mr. A.D. Shinde, Advocate, for respondent nos.14, 15 and 17 to 24.
CORAM : B.P. DHARMADHIKARI &
RAVINDRA V. GHUGE, JJ.
DATE : 15TH OCTOBER 2013
COURT'S ORDER (Per B.P. Dharmadhikari, J.) :
(7)
(8)
( RAVINDRA V. GHUGE ) ( B.P. DHARMADHIKARI ) JUDGE JUDGE
bgp/wp1109
3 issues framed by the court
Whether the medium of instruction in a minority school can be changed from Urdu to Marathi without unanimous management consent.
Whether the State Education Department can implement a change in medium without specific authorization from the school management.
Whether instructions should be issued to the parties to ascertain the management's resolution regarding the change of medium.
The Ahmednagar Social Association
The State of Maharashtra
Rehan Shafi Kazi
The Public Trust
The Director of Education (Primary)
Shaikh Juned Altaf
B.P. Dharmadhikari
Ravindra V. Ghuge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
