Writ Petition No. 10554 of 2025 · Bombay High Court

Heard learned Advocate for the petitioner and learned AGPfor respondent Nos. 1 and 2. The present Petition has been filed for quashing and setting aside Government Resolution dated 20thFebruary 2025 issued by the Minority Development Department, State of Maharashtra contending that it is arbitrary, unreasonable and violative of Article 14 of the Constitution of India.

The petitioner has come with the case that the petitioner is wp-10554.252a minority institution declared so by the Education Departmentof the Government of Maharashtra by Government Resolutiondated 30th March 2005. According to the learned Advocate for the petitioner there was no question of any temporary declaration because the Government Resolution does not show that the declaration was for a particular period. Thereafterrespondent No.1 came with another Government Resolution on27th May 2013, wherein the procedure for getting the educational institutions declared as minority institutions, was laid down. Inthe said Government Resolution in Clause No.9, it was stipulated that if the permanent declaration has been given by the Department of the Government earlier, then those institutions need not file any application. Therefore, the petitioner states that the petitioner was exempted. Now again on 20th February2025, another Government Resolution has been introduced wherein there is an introduction of portal by name “AapleSarkar”( vkiys ljdkj ) and it is stated that it is for those minority institutions which have come up prior to July 2017. According to the learned Advocate for the petitioner, the petitioner is supposed to apply again for getting the status declared.

After reading the object with which the Government wp-10554.253Resolution was brought into force, it appears that the Government wants to have a collective data in respect of eventhe institutions who have filed applications OfLine and have been granted such status in the past i.e. prior to July 2017. It has been stated that: “gh ckc fopkjkr ?ksrk tqyS 2017 iwohZ T;k vYila[;k ‘kS{kf.kd laLFkkauhvkWQykbZu ntkZ izek.ki= izkIr d#u ?ksrys vkgs v’kk loZ ‘kS{kf.kd laLFkkaukfMthVy Lok{kjh vlysys izek.ki= iznku dj.;kph ckc ‘kklukP;kfopkjk/khu gksrh-”