Bombay High Court
Saba Minorities Educational And ... vs State Of Mah., Thr. Its Secretary, ... on 22 April, 2026
Author: Mukulika Shrikant Jawalkar
Bench: Mukulika Shrikant Jawalkar
1 wp 2228.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.2228/2026
(Saba Minorities Educational and Welfare Societies and others V State of Maharashtra and others)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Ram Karode, Advocate for petitioners.
Mrs Naik, AGP for resp. nos.1 to 3.
CORAM : Smt. M.S. Jawalkar and Nandesh S. Deshpande, JJ.
DATE : 22-04-2026.
Civil Application No. /2026 The learned counsel for the petitioners tenders an application for amendment across the bar. The said application pertains to the addition of parties as Respondent Nos. 6 and 7, as well as to challenge the communication dated 17-04-2026. Although the application is opposed by the learned AGP, the same is allowed for the reasons stated in paragraph 2.
2. The amendment shall be carried out within three days from today.
Writ Petition No.2228/2026Learned counsel for the petitioners, by inviting our attention to the communication dated 17-04-2026 (Annexure-Q), submits that the services of the petitioners are under threat of termination. He, therefore, prays for ad-interim protection.
2. We have perused the communication dated 17-04-2026. The said communication refers to S.L.P. No. 17702 of 2021 pending before the Hon'ble Apex Court. Petitioner No. 1 being a minority educational institution, its employees are entitled to protection in view of the judgment in Anjuman Ishaat-E-Taleem Trust vs. The State of Maharashtra & Ors. , 2025 LiveLaw (SC) 861. We have 2 wp 2228.26.odt already referred to the said judgment in Writ Petition No. 7566 of 2025, wherein the Hon'ble Apex Court, in paragraph 214, has held as under:
"214. Per the detailed discussions above and resting on the same, we hold that the provisions of the RTE Act have to be complied with by all schools as defined in Section 2(n) of the RTE Act except the schools established and administered by the minority - whether religious or linguistic - till such time the reference is decided and subject to the answers to the questions formulated above under section VII. Logically, it would follow that in-service teachers (irrespective of the length of their service) would also be required to qualify the TET to continue in service."
3. In view of the judgment of the Hon'ble Apex Court referred to hereinabove, we are of the prima facie opinion that the communication dated 17-04-2026 is not in consonance with the said judgment. We, therefore, grant ad-interim relief in terms of prayer clause (ii)(b), inasmuch as Respondent No. 4 is directed not to take any coercive steps against the petitioners based on the communications dated 17-04-2026 and 06-04-2026.
4. As can be seen from the application for amendment, Respondent Nos. 6 and 7 are added. After carrying out amendment, issue notice to the respondent nos. 6 and 7, returnable on 22-06-2026.
5. In addition to regular mode of service, notice be served to the respondents by all modes as per permissible in law.
6. The petitioners to file an affidavit of service in that regard before the returnable date.
(Nandesh S. Deshpande, J.) (Smt. M.S. Jawalkar J.) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 22/04/2026 18:13:00