Urdu Education Society, Akola Thr. President, Moibullha Khan Fakrullha Khan Patel and Anr. v. Dy. Director of Education Amravati Division, Amravati and Ors.

Bombay HC16 Jul 2025WP/3692/2025

Case brief

AI extract

What is this about?

Minority institution; Rule 3 MEPS Rules 1981; right to choose head of institution; senior-most teacher authorised to sign bills and administer school; trustee status dispute before Assistant Charity Commissioner; change report proceedings; no interim interference; writ petition disposed; Nagpur Bench, Bombay High Court; Akola; Amravati Division; Dy. Director of Education.

What did the court decide?

No interference in the impugned order; liberty reserved to the petitioner or the In-charge Headmaster to seek regular placement upon finality of change report proceedings; no costs. ¶¶20

Urdu Education Society, Akola Thr. President, Moibullha Khan Fakrullha Khan Patel and Anr. vs Dy. Director of Education Amravati Division, Amravati and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No interference in the impugned order; liberty reserved to the petitioner or the In-charge Headmaster to seek regular placement upon finality of change report proceedings; no costs.

¶¶20

Issue for consideration

Whether interference is called for in the order dated 23rd January, 2025 entrusting the senior-most teacher Smt. Shagupta Ajaj Khan with authority to sign bills and administer the educational institution run and managed by petitioner No.1. +1 more

¶¶12

Court's answer

Having regard to the existing inter se dispute amongst the Trustees as regards management of the Trust, the powers entrusted to the senior-most teacher appear to be in tune with the provisions of Rule 3 of the M.E.P.S. Rules.

¶¶17

Ratio / Principle

Petitioner No.1, being a minority institution under Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, has a right to choose the head of the institution of its choice.

¶¶14

Key takeaways

The impugned order was passed keeping in mind the pendency of the inter se dispute amongst the Trustees.ratio¶¶18
At present, no interference is called for in the order impugned.ratio¶¶18
It shall be open for the petitioner or the In-charge Headmaster to seek regular placement in case the change report proceedings attain finality.obiter

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Nitin W. Sambre and Sachin S. Deshmukh, JJ., disposed of Writ Petition No. 3692 of 2025 filed by Urdu Education Society, Akola through its President challenging the order dated 23rd January, 2025 entrusting the senior-most teacher, Smt. Shagupta Ajaj Khan, with authority to sign bills and administer the educational institution run by petitioner No.1. The Court held that petitioner No.1, a minority institution under Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, has the right to choose the head of the institution of its choice, and that, given the pending inter se trustee dispute (status of the petitioner as Trustee being sub judice before the Assistant Charity Commissioner), the powers vested in the senior-most teacher appear in tune with Rule 3 of the MEPS Rules. Declining interim interference, the Court kept it open for the petitioner or the In-charge Headmaster to seek regular placement if the change report proceedings attain finality. No costs.

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2025:BHC-NAG:6853-DB

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121.WP.3692.2025.odt 1/2

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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WRIT PETITION NO. 3692 OF 2025

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Urdu Education Society, Akola through its President & Anr. Vs.

¶6

Dy. Director of Education, Amravati Division, Amravati & Ors.

¶7

Office Notes, Office Memoramda of Coram,____________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. S.N. Tapadia, Advocate for the Petitioners. Mr. N.S. Rao, AGP for Respondent Nos.1 & 2.

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CORAM : NITIN W. SAMBRE AND SACHIN S. DESHMUKH, JJ. DATE : 16th JULY, 2025.

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P.C.

¶11

Heard.

¶12

The challenge is to the order dated 23^rd January, 2025, whereby the senior-most teacher Smt. Shagupta Ajaj Khan is given authority and powers to sign the bills and also to administer the educational institution run and managed by the petitioner No.1.

¶13

The issue about the status of the petitioner as a Trustee is already subjudiced before the Assistant Charity Commissioner.

¶14

The said proceedings are pending consideration and the petitioner No.1, being a minority institution under Rule 3 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, “MEPS Rules”), has a right to choose the head of the institution of its choice.

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That being so, having regard to the existing dispute inter se amongst the Trustees as regards the management of the Trust, the powers which are entrusted to the senior-most teacher

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121.WP.3692.2025.odt 2/2

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appear to be in tune with the provisions of Rule 3 of the M.E.P.S. Rules.

¶18

Apart from above, the order impugned is passed keeping in mind the pendency of the inter se dispute amongst the Trustees. That being so, at present, no interference is called for in the order impugned.

¶19

However, it shall be open for the petitioner or that of the In-charge Headmaster to seek regular placement in case, change report proceedings attain finality.

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The petition accordingly stands disposed of. No costs.

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( SACHIN S. DESHMUKH, J.) (NITIN W. SAMBRE, J.)

¶22

Vijaykumar

¶23

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 17/07/2025 17:49:35

Urdu Education Society, Akola Thr. President, Moibullha Khan Fakrullha Khan Patel and Anr. v. Dy. Director of Education Amravati Division, Amravati and Ors.

Case brief

What is this about?

What did the court decide?

Urdu Education Society, Akola Thr. President, Moibullha Khan Fakrullha Khan Patel and Anr. v. Dy. Director of Education Amravati Division, Amravati and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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