2025:BHC-AUG:29883-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11384 OF 2025

1. Sulochana Belekar Samajik Va Bahuuddeshiya Shikshan Sanstha At Bhanashivra, Tq. Newasa, District Ahilyanagar Through its President Suresh Patilba Belekar, Age: 54 years, Occu.: Business, R/o. At Bhanashivra, Tq. Newasa, District Ahilyanagar.

2. Dnyaneshwar International School At Bhanashivra, Tq. Newasa, District Ahilyanagar Through its Principal Subhodh Nana Hiwrale Age: 40 years, Occu.: Service, R/o. Bhanashivra, Tq. Newasa, District Ahilyanagar. … Petitioners VERSUS

1. The State of Maharashtra Through its Secretary Tribal Development Department, Mantralaya, Mumbai.

2. The Under Secretary, Tribal Development Department, Mantralaya, Mumbai. 3. The Commissioner, Tribal Development Department, Maharashtra State, Nashik

4. The Assistant Tribal Commissioner, Nashik Division, Nashik.

5. The Project Officer, Integrated Tribal Development Scheme, at Rajur, Tq. Akole, District Ahilyanagar … Respondents AND WRIT PETITION NO.11677 OF 2025

1. Vishwatmak Jangli Maharaj Ashram Trust, Kokamathan, Tq. Kopargaon, Dist. Ahilyanagar Through its President Nandakumar Pandurang Suyawanshi

2. Atma Malik International School Kokamthan, Tq. Kopargaon, Dist. Ahilyanagar Through its Principal Namdev Dnyaneshwar Dange … Petitioners VERSUS

1. The State of Maharashtra Through its Secretary Tribal Development Department, Mantralaya, Mumbai.

2. The Under Secretary, Tribal Development Department, Mantralaya, Mumbai. 3. The Commissioner, Tribal Development Department, Maharashtra State, Nashik

4. The Assistant Tribal Commissioner, Nashik Division, Nashik.

5. The Project Officer, Integrated Tribal Development Scheme, at Rajur, Tq. Akole, District Ahilyanagar … Respondents ......

Mr. V.D. Hon, Senior Advocate i/b Mr. A.V. Hon, Advocate for Petitioners in both Wps Mr. A.B. Girase, Government Pleader for Respondents - State ......

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATED : 09 OCTOBER, 2025 JUDGMENT [Per Hiten S. Venegavkar, J.] :-

1. Rule. Rule is made returnable forthwith. With the consent of both the parties, the petitions are taken up for final hearing at the admission stage.

2. These two writ petitions, having been founded upon identical facts and raising common questions of law, are heard together and are being disposed of by this common judgment.

3. Both petitions challenge the legality, validity and propriety of the order dated 4^th September 2025 passed by the Under-Secretary, Tribal Development Department, Government of Maharashtra, whereby the recognition and affiliation granted to the petitioners schools for admitting tribal students under the Government Resolution dated 28^th August 2009 came to be withdrawn, and directions were issued to transfer and absorb the tribal students from the petitioners institutions into other schools.

4. The petitioners before this Court consist of two entities in each petition. Petitioner No. 1 is a duly registered trust under the provisions of Maharashtra Public Trust Act 1950 and the Society's Registration Act. Petitioner No. 2 is a school affiliated to the Central Board of Secondary Education and run and managed by Petitioner No. 1. The Government of Maharashtra, with an object of uplifting Scheduled Tribe students and bringing them into the mainstream of formal education, issued a Government Resolution dated 28^th August 2009 introducing a welfare scheme enabling recognized CBSE schools to admit additional students from the tribal category, whose educational expenses were to be borne by the State Government. The underlying policy was to promote inclusive education and provide tribal students access to English-medium quality schooling, thus bridging the socio-

educational gap.

5. The Government Resolution dated 28^th August 2009, while laying down detailed guidelines, nowhere contemplates or authorizes withdrawal of recognition or affiliation of an entire institution on account of temporary or fluctuat