Synopsis

A minority school had a dispute between rival groups of the management. One group forwarded a proposal to the Deputy Director of Education seeking approval for the petitioner’s appointment as Head Master under Section 3(2) of the MEPS Act (which gives minority schools the right to nominate up to three posts of their choice). The Deputy Director rejected the proposal on the ground that there was a dispute in the management. The Administrative Officer consequentially cancelled the approval. The petitioner challenged these orders. The Bombay High Court dismissed the petition, holding that under Section 3(2) of the MEPS Act, the decision to nominate a person on a notified post must be taken by a valid and legal management, acting unanimously or at least by majority. The Management that forwarded the proposal did not establish that it was the legal and valid body. Mere existence of a dispute in management is a valid ground to reject such a proposal. The court distinguished the earlier judgment in Navnath Gore v. State of Maharashtra (which held that routine approvals for employees should be considered de hors management disputes) on the ground that the present case involves a nomination under Section 3(2) where the management’s identity and authority are crucial.

Court: High Court of Judicature at Bombay, Circuit Bench at Kolhapur

Coram: Hon’ble Mr. Justice Madhav J. Jamdar and Hon’ble Mr. Justice Pravin S. Patil (Division Bench)

Date of Judgment: 4th May, 2026

Citation: Writ Petition No. 12174 of 2024 (2026:BHC-KOL:3669)

Core Law: Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 2(12), 2(13), 3(2); Constitution of India – Article 30(1)

1. Heading of the judgment

High court of judicature at bombay circuit bench at kolhapur

Writ petition no. 12174 of 2024

Altaf ahmed rasool saheb jakler (petitioner) vs. The state of maharashtra through the sec. school education and sports dept. and ors. (respondents)

Coram: hon’ble mr. justice madhav j. jamdar and hon’ble mr. justice pravin s. patil

Date of judgment: 4th may, 2026

2. Legal framework

Major laws and provisions involved:

Maharashtra employees of private schools (conditions of service) regulation act, 1977 – section 2(12) (definition of “management” – the person or body of persons administering the school), section 2(13) (definition of “minority school”), section 3(2) (non‑applicability of the act to recruitment of head of a minority school and up to three other persons whose names are notified by the management to the director/deputy director)

Constitution of india, 1950 – article 30(1) (right of minorities to establish and administer educational institutions)

Subject matter of the judgment:

Whether the Deputy Director of Education can reject a proposal forwarded by one group of a minority school’s management seeking approval for appointment of a Head Master under Section 3(2) of the MEPS Act, on the ground that there is a dispute in the management regarding control of the institution. Whether the employee has locus standi to challenge such rejection when the management itself has not challenged the order.

Key le

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