Sandip Tukaram Shinde Vs State of Maha. Thr. Sec. School Education Dept. and Ors. — Bombay HC (2025) — LawSathi Research

Sandip Tukaram Shinde Vs State of Maha. Thr. Sec. School Education Dept. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 17th April 2023 quashed and set aside; Management's proposal to be considered afresh on merits within eight weeks; deficiencies, if any, to be communicated and cured within two weeks; Shalarth I.D. to be issued expeditiously upon approval of the proposal.

Issue for consideration

Whether the impugned order dated 17th April 2023, passed only on the ground that Rule 41A of the Rule of 1981 was stayed by the Circular dated 1st December 2022, can stand after the Nagpur Bench held that Circular to be set aside for want of power. +1 more

Court's answer

In the light of the view taken by this Court (Nagpur Bench) in Friends Social Circle, Akola & Ors. v. State of Maharashtra & Ors., the impugned order dated 17th April 2023 deserves to be and is quashed and set aside.

Ratio / Principle

The proposal made by the Management, which was the subject matter of the impugned order, is to be considered afresh on its own merits and in accordance with law within eight weeks from the date of communication of this order.

Key takeaways

If there are any deficiencies in the proposal, they are to be communicated to the Management expeditiously, and the Management shall cure the same within two weeks from the date of communication of the deficiencies.ratio¶21
In the event the proposal is approved, the Shalarth I.D. is to be issued to the Petitioner expeditiously.ratio¶22

Detailed headnote1 paragraphs

Writ Petition No. 16780 of 2024 (Bombay High Court, Kolhapur Circuit Bench), decided 7 November 2025 by M. S. Karnik and Ajit B. Kadethankar, JJ. — Following the Division Bench (Nagpur Bench) decision in Friends Social Circle, Akola & Ors. v. State of Maharashtra & Ors., Writ Petition No. 8215 of 2022 (decided 21 July 2023), wherein para 13(i) set aside the Circular dated 1st December 2022, to the extent it stayed the operation of Rule 41A of the Rule of 1981, for want of power with Respondent No.1, this Court quashed and set aside the impugned order dated 17th April 2023, which had been passed only on the ground that Rule 41A stood stayed by that Circular. The Management's proposal, the subject matter of the impugned order, was directed to be considered afresh on its own merits and in accordance with law within eight weeks; any deficiencies to be communicated expeditiously and cured by the Management within two weeks; and upon approval, the Shalarth I.D. to be issued to the Petitioner expeditiously. Petition disposed of in above terms.

908-Wp-16780-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 16780 OF 2024

Sandip Tukaram Shinde … Petitioner

Versus

The State of Maharashtra & Ors. … Respondents

Mr. Vinayak Kumbhar i/b. Ms. Ashwini Bandiwadekar for the Petitioner. Mr. S.B. Kalel, A.G.P. for the Respondent Nos.1 to 3-State. Mr. Sagar Mane for Respondent Nos.4 & 5.

——————

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : 7^th November 2025.

P. C. :

1. Learned counsel for the Petitioner has invited our attention to the decision of the Division Bench of this Court (Nagpur Bench) dated 21^st July 2023 passed in the case of Friends Social Circle, Akola & Ors. Vs.

State of Maharashtra & Ors., in Writ Petition No. 8215 of 2022 and other connected Petitions. This Court has in para No.13(i) clearly held that the Circular dated 1^st December 2022 to the extent it stays the operation of Rule 41A of the Rule of 1981 is set aside for want of power with the

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908-Wp-16780-2024.doc

Respondent No.1 to do so.

2. The impugned order dated 17^th April 2023 in the present case is passed only on the ground that the Rule 41A of the Rule of 1981 has been stayed by the aforesaid Circular.

3. In the light of the view taken by this Court (Nagpur Bench) in Friends Social Circle, Akola & Ors. Vs. State of Maharashtra & Ors. (supra), the impugned order dated 17^th April 2023 deserves to be quashed and set-aside and is accordingly quashed and set-aside.

4. The proposal made by the Management, which is the subject matter of the impugned order be considered afresh on its own merits and in accordance with law within a period of eight weeks from the date of communication of this order.

5. In the event, if there are any deficiencies in the proposal, the same may be communicated to the Management expeditiously. The Management, in turn, within a period of two weeks from the date of communication of the deficiencies shall cure the same.

6. In the event, the said proposal is approved, Shalarth I.D. be issued to the Petitioner expeditiously.

7. Petition is disposed of in above terms.

Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2025.11.07 19:18:57 +0530

[ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ]

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