Shree Balkrishna Shikshan Sanshta Nandeshwar Thr Sec and Anr. v. the State of Maharashtra Thr Department of Education and Others

Bombay HC11 Mar 2026WP/496/2026

Case brief

AI extract

What is this about?

Permanent debarment of school/junior college as board examination centre quashed; Maharashtra State Board of Secondary and Higher Secondary Education Pune Divisional Board; copying case malpractice 10th 12th standard examination Feb-March 2025; one or two candidates involved, institution authorities not involved; debarment unsustainable; writ petitions under Article 226 allowed; examination centre numbers restored; no costs; Bombay High Court Kolhapur Circuit Bench; Jamdar & Patil JJ.; similar earlier common order dated 28.01.2026 in WP 13066/2025 with WP 13224/2025 and WP 13223/2025 referred.

What did the court decide?

Impugned debarment orders quashed and set aside; examination centre numbers of the petitioners restored; no order as to costs. ¶¶32

Shree Balkrishna Shikshan Sanshta Nandeshwar Thr Sec… — Writ and Judicial Review | Bombay HC (2026)

What the court decided

AI extract

Outcome

Impugned debarment orders quashed and set aside; examination centre numbers of the petitioners restored; no order as to costs.

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Issue for consideration

Whether the impugned orders permanently debarring the petitioners' educational institutions from being allotted as centres for conducting the 10th and 12th standard examinations can be sustained where only one or two candidates, and not the institutions or their authorities, were found involved in malpractice.

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Court's answer

Even as per the case of the Maharashtra State Board of Secondary and Higher Secondary Education, Pune Divisional Board, the authorities of the educational institutions were not involved in the malpractice; only one or two candidates per institution were found involved.

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Ratio / Principle

The action of permanently debarring the petitioners' institutions from allotment as centres for conducting the 10th and 12th standard examinations cannot be sustained, since it is only a few students, and not the institutions, who were involved in malpractice.

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Key takeaways

The impugned orders are quashed and set aside; the Writ Petitions stand allowed and the examination centre numbers of the petitioners are restored, with no order as to costs.ratio¶¶32

Detailed headnote1 paragraphs

Bombay High Court (Kolhapur Circuit Bench) — Writ petitions under Article 226 by three educational institutions challenging orders dated 11th December 2025 (as per respondent No.2's affidavit; the tabulation prints '11th December 2026') permanently debarring them from being allotted as centres for conducting the 10th and 12th standard examinations, on the ground of copying cases in the February-March 2025 board examination. The Board's affidavit recorded two copying cases against the centre and findings by the Deputy Education Officer of candidate malpractice. Held: in the petitioners' institutions only two candidates (or one candidate, in the other two petitions) were found involved, and even per the Board's own case the institution authorities were not involved in the malpractice; therefore permanent debarment of the institutions cannot be sustained. Impugned orders quashed and set aside; writ petitions allowed; examination centre numbers of the petitioners restored; no order as to costs. The Court noted the petitioners' reliance on its common order dated 28th January 2026 in Writ Petition No.13066 of 2025 (with Writ Petition Nos.13224 and 13223 of 2025) setting aside orders of a similar nature.

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3-WP-496-2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 496 OF 2026 Shree Balkrishna Shikshan Sanshta Nandeshwar ...Petitioners Thr Sec And Anr Versus The State Of Maharashtra Thr Department Of Education And Others ...Respondent With WRIT PETITION NO. 626 OF 2026 Shri Chandrashekhar Vidyalay And Narayankaka ...Petitioner Aagashe Junior College Shripur Versus The State Of Maharashtra Through The Secretary, School, Education And Sport Department, ...Respondent With WRIT PETITION NO. 13220 OF 2025 Shivshakti Shikshan Prasarak Mandal, ...Petitioner Tembhurni Thr. Its Headmistress Versus State Of Maharashtra Thr The Secretary And Ors ...Respondents

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Mr. Shrikrishna Ganbawale with Mr. Hitesh G. Raninga, Advocate for the petitioner in WP/496/2026.

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Mr. Harishchandra Kamble a/w. Mr. Dinesh Sonarlikar, Advocate for petitioner in WP/13220/2025.

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Dr. Shrikant Moadkhav Kulkarni a/w. Adv. Amit Nehatrao, Advocate for petitioner in WP/626/2026.

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Mr. V. M. Mali, AGP for respondents-State in WP/496/2026 Ms. T. J. Kapre, AGP for respondents-State in WP/626/2026 Mr. A. A. Naik, AGP for respondents-State in WP/13220/2025. Mr. S. B. Khamkar, Advocate for respondent No.2.

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Coram : Madhav J. Jamdar & Pravin S. Patil, JJ.

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Date : March 11, 2026.

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P. C. :

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1. Heard the learned Advocates for the petitioners, the learned AGP for the Respondent-State and the learned Advocate for respondent No.2.

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2. As a common issue is involved in all these Writ Petitions, they are taken up for hearing together.

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3. The petitioners have challenged the impugned orders in these Writ Petitions filed under Article 226 of the Constitution of India by which the respective educational institutions have been permanently debarred from being allotted as centres for conducting the 10ᵗʰ and 12ᵗʰ standard examinations respectively. The details of the impugned orders and other particulars are set out in tabular form as follows:

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Sr.	Writ Petition Numbers	Name of Petitioners’ Institution	Date of Impugned Order
1	496 of 2026	Shree Balkrishna Shikshan Sanshta Nandeshwar	11^thDecember 2026
2	626 of 2026	Shri Chandrashekhar Vidyalay And Narayankaka Aagashe Junior College Shripur	11^thDecember 2026
3	13220 of 2025	Shivshakti Shikshan Prasarak Mandal, Tembhurni	11^thDecember 2026

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4. It is the submission of the learned Advocate for the petitioners that in similar circumstances this Court, by a common order dated 28ᵗʰ January 2026 passed in Writ Petition No.13066 of 2025 along with Writ Petition No.13224 of 2025 and Writ Petition No.13223 of 2025, has set aside the impugned orders of similar nature.

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5. For the purpose of appreciating the controversy involved in these Writ Petitions, it is relevant to refer to paragraph No.7 of the affidavit in reply filed on behalf of respondent No.2 – Minakshi Raut, Divisional Secretary of Maharashtra State Board of Secondary and Higher Secondary Education, Pune Divisional Board in Writ Petition No. 496 of 2026. Paragraph 7 of the said affidavit reads as under :-

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“7.I say that admittedly the centre was involved in copying case in the 12^th board exam of the year Feb/March 2025. In fact the deputy education officer found that candidates were involved in malpractice. The respondent no.2 states that there are 02 copying case with the centre and hence the impugned letter was issued on 11^th December 2025 thereby debarring the petitioner as an examination centre.”

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6. Similar contentions are raised in the affidavits filed in the other

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Writ Petitions. Thus, paragraph No.7 of the affidavit in reply filed in Writ Petition No.496 of 2026 clearly shows that as far as the 12ᵗʰ Board examination of February–March 2025 is concerned, the Deputy Education Officer found that 2 candidates were involved in malpractice. In fact, in other two writ petitions, only one candidate in each of the institution was

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found to be involved in the malpractice.

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7. What is relevant to note is that in the educational institutions of

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the petitioners only two candidates / one candidate, as the case may be, were found involved in the malpractice. Even as per the case of the Maharashtra State Board of Secondary and Higher Secondary Education, Pune Divisional Board, the authorities of the educational institutions were not involved in the malpractice.

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8. Although Mr. Khamkar, learned Advocate for respondent No.2, has strongly opposed the grant of any relief, it is not the case of the authorities that those respective educational institutions were involved in malpractice and it is only a few students who were involved in malpractice. Therefore, the action of permanently debarring the petitioners’ institutions from allotment as centres for conducting the 10ᵗʰ and 12 standard examinations cannot be sustained.ᵗʰ

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9. Accordingly, the impugned orders are quashed and set aside. The Writ Petitions stand allowed in the above terms. Consequently, the examination centre numbers of the petitioners are restored. No order as

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to costs.

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[Pravin S. Patil, J.]

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[Madhav J. Jamdar, J.]

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Shree Balkrishna Shikshan Sanshta Nandeshwar Thr Sec and Anr. v. the State of Maharashtra Thr Department of Education and Others

Case brief

What is this about?

What did the court decide?

Shree Balkrishna Shikshan Sanshta Nandeshwar Thr Sec and Anr. v. the State of Maharashtra Thr Department of Education and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

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