The Bombay High Court stated that Section 12 of the Maharashtra Educational Institutions (Management) Act does not apply to educational institutions run by religious or linguistic minority groups.

The Bombay High Court noted that Section 12 of the Maharashtra Educational Institutions (Management) Act, 1976, does not apply to schools run by Religious or Linguistic Minority Institutions. This was discussed in a writ petition from a Public Trust that contested an order from the Director of Education, who appointed an Administrator for one of its schools. Justices A.S. Chandurkar and Rajesh Patil stated that Section 12 does not apply to such minority-run educational institutions.

The Public Trust, which manages a school recognized as a Linguistic Minority Institution under the Maharashtra Public Trusts Act and the Societies Registration Act, argued against the Director’s order. They claimed it violated the Maharashtra Educational Institutions (Management) Act, 1976, especially Section 12, which protects minority institutions from certain rules. The Trust asserted that the order was illegal and outside the Director’s authority. After hearing the case, the Court found that the order was indeed beyond jurisdiction and should be canceled.

The bench stated: “Reviewing the contested order shows that an Administrator was appointed under Section 3(1) of the Act of 1976. Given Section 12 of the Act, the Director of Education could not have exercised this authority. Therefore, the challenge to the order dated 21/08/2024 should be upheld.”

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