The President, Shri. Ramesh Shivaji Sutkar Samrat Ashok Yuvak Mandal Sanchalit, and Ors. vs the Education Officer (Secondary) Zilla Parishad Solapur and Ors.

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25-WP-1448-2026 (C) (HCBM070036832026).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1448 OF 2026

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The President, Shri. Ramesh Shivaji Sutkar Samrat Ashok Yuvak Mandal Sanchalit, And Ors.

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...Petitioners

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VERSUS

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The Education Officer (secondary) Zilla Parishad Solapur And Ors. ...Respondents

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Mr. Ashok B. Tajane, Advocate for petitioners. Mr. Vikas M. Mali, Advocate for respondents-State.

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——————

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Coram : Madhav J. Jamdar & Pravin S. Patil, JJ. Date : April 15, 2026.

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P. C. :

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1. Heard Mr. Tajane, learned Advocate appearing for the petitioners

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and Mr. Mali, learned AGP appearing for the respondents–State.

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2. At the outset, Mr. Mali, learned AGP, tenders a letter dated 13th

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April 2026 issued by the State Government, whereby earlier communications dated 15th October 2025, 9th April 2026 and 10th April 2026 have been withdrawn, in view of the pendency of the present petition before this Court.

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3. The petitioner has sought following substantive relief in the Writ Petition :-

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“a) Rule be issued. Record and proceedings of the case be called for and after examining the legality, validity and propriety thereof appropriate order or Writ or order in the nature of Writ be issued and the Respondent No. 4 be directed to grant approval to the proposal of the Petitioner dated 25.07.2025 bearing outward No. 23/YSMV/2025-2026 for the 3rd Division of 11^th Science stream on self finance basis from the year 2025-2026;”

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4. A perusal of the record indicates that Yashodhra Uchcha Madhyamik Vidyalaya, Solapur (hereinafter referred to as the “Educational Institution”), has submitted a proposal on 25th July 2025 to the Education Officer (Secondary), Zilla Parishad, Solapur for starting an additional division in the Science stream on a self-finance basis. The said proposal was submitted pursuant to the letter dated 9th May 2025 issued by the State Government, as the Educational Institution had also submitted its proposal to the State Government on 9th May 2025.

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5. The record further indicates that the Education Officer (Secondary), Zilla Parishad, Solapur recommended the said proposal on 19th August 2025. For ease of reference, the said letter dated 19^th August 2025 is scanned and reproduced hereinbelow.

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6. It is evident from the record that the Education Officer has certified that all requisite infrastructural facilities are available with the institution and has accordingly recommended the proposal.

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7. Education Officer (Secondary), ZP, Solapur and Assistant Education

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Dy. Inspector (Higher Secondary) has also issued ceertificate (Pg. 236):

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Thus the above certificate, certifies that adequate number of teachers, separate laboratory, library, additional classrooms and computer laboratory, etc. are available for the said additional division, thereby confirming that all necessary infrastructure is in place.

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8. It is further significant to note that the Deputy Director of Education, Pune Division, Pune, also recommended the said proposal on 25th August 2025 to the Director of Education (Secondary and Higher

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Secondary), State of Maharashtra, specifically stating that the proposal deserves to be accepted for the academic year 2025-2026. For ease of reference, the said letter at page 232 is scanned and reproduced hereinbelow:-

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9. It is further to be noted that the Director of Education (Secondary

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and Higher Secondary), State of Maharashtra, by letter dated 28th August 2025, has also positively recommended the proposal and recorded that the requisite charges have been paid by the institution. For ease of reference, the said recommendation dated 28^th August 2025 annexed at page 233 is scanned and reproduced hereinbelow.

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10. Thus in the facts and circumstances, there is no impediment in granting the writ petition in terms of prayer clause (a). Accordingly, the Writ Petition is allowed in terms of prayer clause (a). The respondents shall take necessary consequential steps. There shall be no order as to costs.

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[Pravin S. Patil, J.]

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[Madhav J. Jamdar, J.]

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The President, Shri. Ramesh Shivaji Sutkar Samrat Ashok Yuvak Mandal Sanchalit, and Ors. v. the Education Officer (Secondary) Zilla Parishad Solapur and Ors.

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The President, Shri. Ramesh Shivaji Sutkar Samrat Ashok Yuvak Mandal Sanchalit, and Ors. v. the Education Officer (Secondary) Zilla Parishad Solapur and Ors.

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