The Tahzeeb Education and Welfare Society through Its Chairman and Another vs the State of Maharashtra Thruogh Its Principal Secretary and Others — Bombay HC (2026) — LawSathi Research

The Tahzeeb Education and Welfare Society through Its Chairman and Another vs the State of Maharashtra Thruogh Its Principal Secretary and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition permitted to be withdrawn and disposed of as withdrawn; respondent No.4's communication cancelling the impugned order dated 08.12.2025 taken on record as Exh. 'X'; direction issued to the learned AGP to inform the Principal Secretary, Sports and Education Department, Mantralaya, Mumbai, of the order.

Issue for consideration

Whether the order dated 08.12.2025 passed by respondent No.4 on a third-party complaint — initiating inquiry without hearing the educational institution or the employee — was sustainable (the petition was withdrawn before adjudication).

Court's answer

The action of the Education Department and its officers in taking cognizance of third-party complaints and then initiating inquiries or passing orders without hearing the educational institution or the employee requires to be deprecated; the Court noted its repeated directions to the Education Department to follow Government Resolutions/circulars/Notifications and the decisions of this Court and the Hon'ble Supreme Court.

Ratio / Principle

Before the final order, the Court directed the learned AGP to inform the Principal Secretary, Sports and Education Department, Mantralaya, Mumbai, of this order so that further violations of the Government directions and of the orders passed by this Court and the Hon'ble Supreme Court are avoided.

Detailed headnote1 paragraphs

Writ Petition (Bombay High Court, Aurangabad Bench; Smt. Vibha Kankanwadi & Neeraj P. Dhote, JJ.; 17.04.2026) — education society challenged order dated 08.12.2025 of respondent No.4 initiating inquiry on a complaint by respondent Nos.7 to 15; before final order, respondent No.4 tendered a communication cancelling the impugned order, which was taken on record as Exh. 'X'; petitioners withdrew the petition and it was disposed of as withdrawn. The Division Bench deprecated the practice of the Education Department and its officers taking cognizance of third-party complaints and initiating inquiries or passing orders without hearing the educational institution or the employee, noting its repeated directions to follow Government Resolutions/circulars/Notifications and judicial precedents, and directed the learned AGP to inform the Principal Secretary, Sports and Education Department, Mantralaya, Mumbai, so that further violations of Government directions and of orders of the High Court and the Hon'ble Supreme Court are avoided. No statute or precedent was cited in the order.

2026:BHC-AUG:16757-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

909 WRIT PETITION NO. 514 OF 2026

THE TAHZEEB EDUCATION AND WELFARE SOCIETY THROUGH ITS

CHAIRMAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Mr. J.V. Patil, Advocate for petitioners

Mr. A.M. Phule, AGP for State

Mr. G.D. Jain, Advocate h/f Mr. M.S. Sonawane, Advocate for respondent

No.4

CORAM : SMT. VIBHA KANKANWADI & NEERAJ P. DHOTE, JJ.

DATE : 17^th APRIL, 2026

ORDER :

. In view of our order dated 17.03.2026 respondent No.4 is

present personally before us. The learned Advocate Mr. G.D. Jain holding for learned Advocate Mr. M.S. Sonawane tenders photo copy of communication dated 17.04.2025 by respondent No.4 to the Government Pleader, thereby cancelling the proceedings/order dated 08.12.2025, thereby initiating an inquiry based upon complaint filed by respondent Nos.7 to 15. The said

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letter is taken on record by marking it as Exh. ‘ X ’. In view of letter Exh. ‘ X ’ learned Advocate for petitioners submits that purpose of petition has been served and, therefore, petitioners wish to withdraw the petition.

2 While passing the order dated 17.03.2026 we had made some observations regarding the impugned order dated 08.12.2025 and the Government Resolution dated 18.02.2025. We had also observed that the Education Department and its officers should follow the procedure laid down by the Government and also should take note of various decisions of this Court. Still we are coming across the orders taking cognizance of the complaints by third party and then either initiating inquiries or without hearing the educational institution or the employee certain orders are then passed. This action requires to be deprecated. In fact, time and again, whenever such incidences are noted, we had issued directions to the Education Department to issue circulars once again to the officers that they are required to follow the Government Resolutions / circulars / Notifications and also the decisions of this Court as well as Hon’ble Supreme Court.

3 Before the final order is passed, we direct learned AGP to inform this order once again to the Principal Secretary, Sports and Education Department, Mantralaya, Mumbai, so that further violations of the Government directions and the orders passed by this Court as well as Hon’ble

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Supreme Court are avoided.

4 The petition stands disposed of as withdrawn.

( NEERAJ P. DHOTE, J. ) ( SMT. VIBHA KANKANWADI, J. )

agd