Tisai Shikshan Prasarak Mandal and Anr. vs the State of Maharashtra Thr the Secretary School Education and Ors. — Bombay HC (2026) — LawSathi Research

Tisai Shikshan Prasarak Mandal and Anr. vs the State of Maharashtra Thr the Secretary School Education and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petitions disposed of on the Respondent State Authorities' recorded undertaking to decide the pending shift-permission proposals on merits by passing reasoned orders within 45 days (time increased to 75 days where a show-cause notice/hearing becomes necessary on account of deficiencies or new material); meanwhile, the notice to close down the schools and transfer the students to another school or premises is not to be effected.

Issue for consideration

Whether the Respondent State Authorities would decide the Petitioners' proposals, pending since 2019, seeking permission to shift their schools to another premises, on their own merits by following the due procedure laid down in law.

Court's answer

Recording the Respondent State Authorities' undertaking that the pending proposals would be decided on their own merits by following the due procedure laid down in law, the three Writ Petitions are disposed of, with the State Authorities to arrive at a decision by passing a reasoned order on the said proposals within 45 days.

Ratio / Principle

Where the State Authorities notice any deficiencies or stumble across any new material required to be shown to the Petitioners, a show-cause notice of hearing would be issued and the time for delivering the decision would be increased to 75 days, with the Petitioners cooperating in such hearing.

Key takeaways

Pending the decision on the proposals, the notice to the Petitioners to close down the school and transfer the students to another school or premises would not be effected.ratio¶33

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), Coram: RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.; order dated February 05, 2026. Common disposal of WRIT PETITION NO. 12387, 12389 and 12390 OF 2025 filed by Tisai Shikshan Prasarak Mandal, Tisgaon Naka and Shree Siddhanath Educational Trust: their proposals seeking permission to shift the schools to another premises had been pending since 2019. On the Respondent State Authorities' recorded undertaking to decide the proposals on their own merits by following the due procedure laid down in law, the Writ Petitions were disposed of, with directions that reasoned orders be passed within 45 days; where deficiencies or new material necessitate a show-cause notice of hearing, the period would increase to 75 days, the Petitioners cooperating in such hearing. Pending the decision, the notice to the Petitioners to close down the school and transfer the students to another school or premises would not be effected.

TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2026.02.06 17:24:24 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12387 OF 2025

Tisai Shikshan Prasarak Mandal, Tisgaon Naka & Anr. … Petitioners versus The State of Maharashtra & Ors. … Respondents

AND

WRIT PETITION NO. 12389 OF 2025

Shree Siddhanath Educational Trust & Anr. … Petitioners

versus The State of Maharashtra & Ors. … Respondents

AND

WRIT PETITION NO. 12390 OF 2025

Shree Siddhanath Educational Trust & Anr. … Petitioners versus

The State of Maharashtra & Ors. … Respondents

Mr.Narendra V. Bandiwadekar, Senior Advocate with Mr.Vinayak R. Kumbhar and Mr.Aniket S. Phapale i/b. Mr.Rajendra B. Khaire for the Petitioners in all Petitions.

Mr.A.K.Naik, AGP for the Respondent -State in WP No. 12387 of 2025.

Mr.B.V.Samant, Addl.GP with Mrs. P.N.Diwan, AGP for the Respondent - State in WP No.12389 of 2025.

Mr.A.I.Patel, Addl.GP with Mrs.N.M.Mehra, AGP for the Respondent - State in WP No. 12390 of 2025.

CORAM : RAVINDRA V. GHUGE &

ABHAY J. MANTRI, JJ. DATE : FEBRUARY 05, 2026

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P.C:

In all these three Petitions, the grievance of the Petitioners is that their proposals seeking permission to shift the schools to another premises, for the reasons set out therein, have been pending since 2019.

The learned AGPs appearing on behalf of the Respondent State Authorities submit that, if this Court grants reasonable time, the said proposals would be decided on their own merits by following the due procedure laid down in law. They submit that a period of 45 days would be enough.

By recording the aforesaid statement, these Writ Petitions are disposed off.

Needless to state, the State Authorities would arrive at a decision by passing a reasoned order on the said proposals, within 45 days from today. In the event the State Authorities notice any deficiencies or stumble across any new material that is required to be shown to the Petitioners, a show-cause notice of hearing would be issued to the Petitioners. The Petitioners would wholeheartedly cooperate in such hearing. Thereafter, the State Authorities would pass a reasoned order. In

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such an eventuality, we would increase the time to 75 days for delivering a decision.

In view of the above, the notice to the Petitioners to close

down the school and transfer the students to another school or premises, would not be effected.

(ABHAY J.MANTRI, J.)

(RAVINDRA V. GHUGE, J.)

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