Bombay High Court

CHHATRAPATI SHIVAJI SHIKSHAN SANSTHA SHRIGONDA THR ITS PRESIDENT RAJENDRA S NAGAWADE AND ORSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The disqualification without a hearing violates natural justice, rendering the Government Resolution of 2 April 2026 inapplicable to the petitioners.

Summary

The petitioners, Shri Chhatrapati Shivaji Shikshan Sanstha and others, challenged a Government Resolution dated 2 April 2026 that disqualified their institutions from receiving grant-in-aid on the ground of repeated non‑compliance, alleging that they were not afforded a hearing. The High Court noted that the matter had already been decided on merits by a Kolhapur Circuit Bench in Writ Petition No. 1932 of 2026 and related Writ Petition No. 1971 of 2026. Relying on those decisions, the Court held that the disqualification without an opportunity of hearing violated the principles of natural justice. Consequently, the impugned resolution was held inapplicable to the petitioners and they were directed to be removed from the list of schools subject to the resolution. The petition was allowed, allowing the institutions to continue operating without any action under the resolution.

Issues considered

Whether the disqualification of the petitioners from grant‑in‑aid without an opportunity of hearing violates the principles of natural justice.

Subjects

natural justice
grant-in-aid
disqualification
hearing
government resolution
education institutions

Judgment

2026:BHC-AUG:42676-DB


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                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.10087 OF 2026

                 Shri Chhatrapati Shivaji Shikshan Sanstha
                 and Others                                          PETITIONERS

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                                 .......
                 Mr. A. P. Dongre h/f Mr. S. R. Varma, Advocate for Petitioners
                 Mr. S. R. Wakle, AGP for Respondent - State
                                                 .......

                             [CORAM : NITIN B. SURYAWANSHI, &
                                      ABASAHEB D. SHINDE, J. J.]

                                     DATE : 15th SEPTEMBER, 2026

                 ORDER :

                 1.     Challenge raised in this Petition is to the Government

                 Resolution dated 2nd April, 2026, whereby the State Government

                 has taken a decision to disqualify the Petitioner institutions from

                 receiving grant in aid on the ground that they repeatedly failed

                 to comply with the norms prescribed to receive grant in aid from

                 the State Government.


                 2.     The issue raised in    this Writ Petition is no more res

                 integra, as the same is decided on merits by this Court (Coram :

                 Madhav S. Jamdar and Pravin S. Patil, JJ) at Circuit Bench,

                 Kolhapur in Writ Petition No. 1932 of 2026 and connected Writ
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Petitions, by a detailed order passed on 29 th April, 2026. The said

order is followed by the same Bench in Writ Petition No. 1971 of

2026 and connected matters, which were decided on 8 th May,

2026.


3.      For the reasons recorded in the order dated 29 th April,

2026 this Writ Petition is allowed in the following terms:


        I.    It is hereby declared that the action taken under the
        impugned Government Resolution 2nd April, 2026, to
        disqualify the Petitioner institutions from receiving grant in
        aid without granting them opportunity of hearing, is in
        violation of the principles of natural justice. Hence, the
        Government Resolution dated 2nd April, 2026 is held to be
        not applicable to the extent of the Petitioners.


        II.   The Government is hereby directed to delete the
        names of the Petitioner institutions from the list of schools,
        which is published along with the Government Resolution
        dated 2nd April, 2026.


III.    Needless to mention that the Petitioners would continue

their respective schools and no action as contemplated under the

Government Resolution dated 2 nd April, 2026 be initiated against

them.


[ ABASAHEB D. SHINDE ]                    [ NITIN B. SURYAWANSHI ]
        JUDGE                                       JUDGE
drp/wp10087-26.doc

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