Section 12 Of Maharashtra Educational Institutions (Management) Act Does Not Apply to Educational Institution Administered By Religious Or Linguistic Minority Institution: Bombay HC

The Bombay High Court observed that Section 12 of the Maharashtra Educational Institutions (Management) Act, 1976, does not apply to an Educational Institution administered by a Religious Or Linguistic Minority Institution.

The Court was considering a writ petition filed by a Public Trust, which challenged an order from the Director of Education appointing an Administrator for one of its schools.

The Division Bench consisting of Justices A.S. Chandurkar and Rajesh Patil stated, "Section 12 of the Maharashtra Educational Institutions (Management) Act, 1976 Does Not Apply to An Educational Institution that is administered by a religious or linguistic minority institution"

Senior Advocate Mr. Narendra Bandiwadekar appeared for the petitioner, and Mrs. D.S. Deshmukh, Assistant Government Pleader, appeared for the respondent-State.

A writ petition was filed by a Public Trust, which operates a school recognized as a Linguistic Minority Institution under the Maharashtra Public Trusts Act and the Societies Registration Act. The petitioner challenges an order issued by the Director of Education appointing an Administrator for the school, arguing that such action violates the provisions of the Maharashtra Educational Institutions (Management) Act, 1976, particularly Section 12, which exempts minority institutions from certain regulations. The Trust contended that the order is illegal and beyond the Director's jurisdiction. The matter was heard, leading to the Court's determination that the impugned order was indeed without jurisdiction and should be quashed.

The bench held: " Perusal of the impugned order indicates that an Administrator has been appointed under the provisions of Section 3(1) of the Act of 1976. In the light of the provisions of Section 12 of the Act of 1976, such jurisdiction could not have been invoked by the Director of Education. On this short ground the challenge to the order dated 21/08/2024 ought to succeed."

Cause Title: Karachi Education Society v. State of Maharashtra and Ors [ WRIT PETITION NO. 12822 OF 2024]

Appearance:

Petitioner: Sr. Advocate Mr. Narendra Bandiwadekar, i/by Advocates Ashwini N Bandiwadekar, Mr. Darshanchandra B. Zaveri.

Respondent: Assistant Government Pleader D. S. Deshmukh

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