The Bombay High Court recently held that the provisions of the Maharashtra Educational Institutions (Management) Act of 1976 do not apply to religious and linguistic minority institutions [Karachi Education Society v. State of Maharashtra and Ors].
Hence, it quashed an order passed by the Director of Education of Pune who had appointed an administrator to run the educational institutions operated by the Karachi Education Society-Sindhi.
A division bench of Justices AS Chandurkar and Rajesh Patil underlined that the provisions of the Act could not be invoked against institutions run by linguistic minorities.
The Court stated that this exemption is explicitly outlined in Section 12 of the Act, which clarifies that the law does not apply to educational institutions administered by religious or linguistic minorities.
"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," the Court held
The petition filed by the Karachi Education Society, a registered public trust representing the Sindhi linguistic minority, challenged an order dated August 21, 2024 by the Director of Education, Pune.
This order had appointed an administrator to oversee the society’s school, Navin Hind BT Shahani High School & Junior College, located in Pune.
The petitioner argued that as a recognized linguistic minority institution, the provisions of the Act should not apply to it.
They cited a certificate from the Minorities Development Division affirming their status, thereby asserting that the Director's order was beyond jurisdiction.
In defense of the appointment, the State through Assistant Government Pleader DS Deshmukh contended that the action was warranted due to concerns regarding the conduct of the teaching and non-teaching staff at the school.
Deshmukh maintained that an appeal against the Director's order was available and there was no reason for the court to intervene.
The Court found that the Director of Education had indeed exceeded his jurisdiction by applying the Act in this case.
"Once it is found that the impugned order suffers from a jurisdictional defect, the fact that the remedy of preferring a statutory appeal is available cannot be a reason not to entertain a challenge to the impugned order. Since we find that the impugned order suffers from a jurisdictional defect, the writ petition is entertained on merits," the bench held.
Consequently, the Court allowed the petition, effectively reinstating the management authority of the Karachi Education Society over its school.
However, the Court clarified that the State could pursue lawful action against the institution if warranted.
Senior Advocate Narendra Bandiwadekar instructed by advocates Ashwini N Bandiwadekar, Darshanchandra B Zaveri appeared for Karachi Education Society
Assistant Government Pleader DS Deshmukh appeared for the State.
[Read Order]