Bombay High Court Grants Exemption to Linguistic Minority Institutions from Maharashtra Educational Institutions Act

The Bombay High Court has recently annulled an order from the Director of Education, Pune, who had appointed an administrator to manage the Karachi Education Society-Sindhi’s educational institutions. In the case of Karachi Education Society v. State of Maharashtra and Ors, the court determined that the Maharashtra Educational Institutions (Management) Act, 1976 does not extend to religious and linguistic minority institutions. A division bench comprising Justices A.S. Chandurkar and Rajesh Patil emphasized that, as per Section 12 of the Act, such institutions are explicitly exempt, meaning the Act’s provisions could not be applied against them. Observing that the administrator’s appointment under Section 3(1) was beyond jurisdiction, the court ruled that the Director’s August 21, 2024 order must be set aside.

The Karachi Education Society, representing the Sindhi linguistic minority and managing the Navin Hind BT Shahani High School & Junior College in Pune, argued that its minority status should exempt it from the Act, providing a certificate from the Minorities Development Division in support. The State, represented by Assistant Government Pleader D.S. Deshmukh, countered that the appointment was justified due to concerns about the school’s teaching and non-teaching staff conduct and argued that the Society should pursue an appeal rather than judicial intervention. However, the court held that the Director of Education had exceeded his jurisdiction in invoking the Act.

The bench reasoned that the existence of an appeal process did not preclude judicial review when a jurisdictional error was evident, thus accepting the Society’s petition. This judgment reinstated the Karachi Education Society’s authority over its institution, though the court clarified that the State could take appropriate legal action if required. Senior Advocate Narendra Bandiwadekar, instructed by advocates Ashwini N. Bandiwadekar and Darshanchandra B. Zaveri, represented the Karachi Education Society, while Assistant Government Pleader D.S. Deshmukh represented the State.