Sarvoday Shikshan Prasarak Mandal Thr Its President and Ors. v. the State of Maharashtra Thr the Secretary and Ors.
Case brief
What is this about?
Bombay High Court, Circuit Bench at Kolhapur; Writ Petition No. 5062 of 2023; Sarvoday Shikshan Prasarak Mandal Shirol v. State of Maharashtra; minority educational institution; individual approval rejected by Education Officer (Secondary), Zilla Parishad, Kolhapur (order dated 20.10.2022); prior approval under Government Resolution dated 06.02.2012 held not mandatory for minority institution; Ground No. 1 untenable; Ground No. 8 pertained to ban on recruitment under various Government Resolutions; natural justice — no opportunity to rectify deficiencies; Items 2 to 8 of impugned order treated as show cause notice; response within two weeks; reasoned order within eight weeks; Shalarth ID; all contentions kept open; petition disposed of.
What did the court decide?
Writ Petition disposed of; impugned order qua Item Nos. 2 to 8 treated as show cause notice — Petitioner No. 1-Management to respond within two weeks; Education Officer (Secondary) to pass a reasoned order on the proposal for individual approval within 8 weeks; if the proposal is approved, Shalarth ID to be issued expeditiously by Respondent No. 4; all contentions kept open.