In a recent decision, the Bombay High Court ruled that the Maharashtra Educational Institutions (Management) Act of 1976 does not extend to institutions run by linguistic and religious minorities. This judgment came in response to a petition by the Karachi Education Society-Sindhi, a registered Sindhi linguistic minority trust, challenging an order by the Director of Education in Pune. The director had appointed an administrator to manage the society’s Navin Hind BT Shahani High School & Junior College in Pune.
A bench of Justices AS Chandurkar and Rajesh Patil emphasized that Section 12 of the Act exempts such institutions from its jurisdiction, marking the appointment of an administrator as overreach. The court noted that the director’s order, issued on August 21, 2024, misinterpreted the Act’s boundaries, making its application invalid in this case.
The Karachi Education Society contended that its status as a recognized linguistic minority institution rendered the Act inapplicable, a claim substantiated by certification from the Minorities Development Division. In defense, the State argued the need for intervention due to concerns about school personnel but ultimately could not demonstrate jurisdictional authority. The court dismissed these claims, asserting that any corrective action by the State must be rooted within proper legal frameworks.
The court’s ruling reinstates the Karachi Education Society’s management rights over its institution while leaving open the possibility of legitimate State action if necessary.
Karachi_Eduction_Society_v__The_State_of_Maharashtra_and_Ors
