Bombay High Court
SHARDA MANDIR SANSTHAversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Government Resolutions dated 1 April 2026 and 2 April 2026 are held not applicable to the petitioners because they were issued without granting a hearing, thereby violating natural justice.
Summary
The petitioners – a group of primary, secondary and higher secondary schools – challenged Government Resolutions dated 1 April 2026 and 2 April 2026 that disqualified them from receiving grant‑in‑aid and ordered automatic cancellation of their recognition for failing to submit applications under the Maharashtra Self‑Finance Schools Act, 2012. The Court noted that similar petitions had earlier been decided by a Circuit Bench at Kolhapur, which held that the resolutions were void for violating the principles of natural justice because the schools were not given a hearing. The Aurangabad Bench affirmed that view, declaring the resolutions inapplicable to the petitioners. The State was directed to delete the schools’ names from the published list, to grant a hearing, and to communicate any decision within a week. The writ petitions were consequently disposed of without any order as to costs.
Issues considered
- Whether the Government Resolutions cancelling grant‑in‑aid and recognition of schools without a prior hearing violate the principles of natural justice.
- Whether the State must delete the schools’ names from the list of institutions affected by the resolutions.
Subjects
- natural justice
- grant‑in‑aid
- school recognition
- hearing
- administrative action
- Maharashtra Self‑Finance Schools Act
Judgment
11-wp-5476-2026-group petitions.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5476 OF 2026
Digitally Shri Bhairavnath Lokseva Pratishthan ...Petitioners
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
Chinchani, Tq. Shirur, Dist. Pune & Anr.
NIJASURE Date:
2026.08.25
Versus
14:07:43
+0530
The State of Maharashtra ...Respondents
WITH
WRIT PETITION NO.5477 OF 2026
WITH
WRIT PETITION NO.5478 OF 2026
WITH
WRIT PETITION NO.7678 OF 2026
WITH
WRIT PETITION NO.5504 OF 2026
WITH
WRIT PETITION NO.5539 OF 2026
WITH
WRIT PETITION NO.7677 OF 2026
WITH
WRIT PETITION NO.5836 OF 2026
WITH
WRIT PETITION NO.5809 OF 2026
WITH
WRIT PETITION NO.6004 OF 2026
WITH
WRIT PETITION NO.6003 OF 2026
WITH
WRIT PETITION NO.7683 OF 2026
WITH
WRIT PETITION NO.6347 OF 2026
WITH
WRIT PETITION NO.10599 OF 2026
WITH
WRIT PETITION (ST) NO.13029 OF 2026
WITH
WRIT PETITION (ST.) NO.13031 OF 2026
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WITH
WRIT PETITION NO.7681 OF 2026
WITH
WRIT PETITION NO.6286 OF 2026
WITH
WRIT PETITION NO.6288 OF 2026
WITH
WRIT PETITION NO.6290 OF 2026
WITH
WRIT PETITION NO.6292 OF 2026
WITH
WRIT PETITION NO.6297 OF 2026
WITH
WRIT PETITION NO.6273 OF 2026
WITH
WRIT PETITION NO.6278 OF 2026
WITH
WRIT PETITION NO.6281 OF 2026
WITH
WRIT PETITION NO.6293 OF 2026
WITH
WRIT PETITION NO.6287 OF 2026
WITH
WRIT PETITION NO.6511 OF 2026
WITH
WRIT PETITION NO.6510 OF 2026
WITH
WRIT PETITION NO.6509 OF 2026
WITH
WRIT PETITION NO.6516 OF 2026
WITH
WRIT PETITION NO.6508 OF 2026
WITH
WRIT PETITION NO.6514 OF 2026
WITH
WRIT PETITION NO.6518 OF 2026
WITH
WRIT PETITION NO.6517 OF 2026
WITH
WRIT PETITION NO.6513 OF 2026
WITH
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WRIT PETITION NO.6512 OF 2026
WITH
WRIT PETITION NO.7303 OF 2026
WITH
WRIT PETITION NO.7304 OF 2026
WITH
WRIT PETITION NO.7305 OF 2026
WITH
WRIT PETITION NO.7306 OF 2026
WITH
WRIT PETITION NO.7312 OF 2026
WITH
WRIT PETITION NO.7311 OF 2026
WITH
WRIT PETITION NO.7316 OF 2026
WITH
WRIT PETITION NO.7307 OF 2026
WITH
WRIT PETITION NO.7315 OF 2026
WITH
WRIT PETITION NO.7314 OF 2026
WITH
WRIT PETITION NO.7335 OF 2026
WITH
WRIT PETITION NO.7317 OF 2026
WITH
WRIT PETITION NO.7322 OF 2026
WITH
WRIT PETITION NO.7318 OF 2026
WITH
WRIT PETITION NO.7989 OF 2026
WITH
WRIT PETITION NO.7940 OF 2026
WITH
WRIT PETITION NO.7942 OF 2026
WITH
WRIT PETITION NO.10287 OF 2026
WITH
WRIT PETITION NO.10912 OF 2026
WITH
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WRIT PETITION NO.6001 OF 2026
WITH
WRIT PETITION NO.10915 OF 2026
WITH
WRIT PETITION NO.10946 OF 2026
WITH
WRIT PETITION NO.10913 OF 2026
WITH
WRIT PETITION NO.10923 OF 2026
WITH
WRIT PETITION NO.10922 OF 2026
WITH
WRIT PETITION NO.10944 OF 2026
WITH
WRIT PETITION NO.10921 OF 2026
WITH
WRIT PETITION NO.10919 OF 2026
WITH
WRIT PETITION NO.10950 OF 2026
WITH
WRIT PETITION NO.10939 OF 2026
WITH
WRIT PETITION NO.10904 OF 2026
WITH
WRIT PETITION NO.10907 OF 2026
WITH
WRIT PETITION NO.10910 OF 2026
WITH
WRIT PETITION NO.10911 OF 2026
WITH
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WRIT PETITION NO.11023 OF 2026
WITH
WRIT PETITION NO.10909 OF 2026
WITH
WRIT PETITION NO.10908 OF 2026
WITH
WRIT PETITION (ST.) NO.12875 OF 2026
WITH
WRIT PETITION NO.9168 OF 2026 (On production board)
----------
Mr. Vidyasagar Bhave i/by Talekar & Associates, Adv. For the
Petitioner.
Mr. Arvind Ambetkar, Adv. For the Petitioner in WP 5476/2026 A/W
CIVIL WP 5477/2026, CIVIL WP 5478/2026, WP 5504/2026, WP
5539/2026, WP 5809/2026, WP 9168/2026.
Mr. Akshay Karlekar, Adv. For the Petitioner in WP ST 13029/2026,
WP ST 13031/2026.
Mr. Abhijit Aher i/by Mr. Suyash Khose, Adv. For the Petitioner in WP
7677/2026 a/w WP 7678/2026, WP 7683/2026, WP 7681/2026, WP
7940/2026, WP 7942/2026.
Mr. P. H. Gaikwad a/w Mr. S. V. Gavand, Adv. For the Respondent -
(ZP Pune ) in WP 7318/2026, WP 6512/2026.
Mr. P. P. Kakade, Additional GP a/w Smt. P. J. Gavhane, AGP for the
State/Respondent in WP 6511/2026 a/w WP 6510/2026, WP
6509/2026, WP 6516/2026.
Mr. P. P. Kakade, Additional GP a/w Ms. Priyanka Chavan, AGP for the
State/Respondent in WP 5476/2026 a/w WP 5477/2026, WP
5428/2026, WP 7618/2026, WP 5836/2026, WP 5809/2026, WP
6004/2026.
Mr. P. P. Kakade, Additional GP a/w Smt. Vaishali Nimbalkar, AGP for
the State/Respondent in WP 5504/2026, WP 5539/2026, WP
7677/2026, WP 6003/2026.
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Mr. P. P. Kakade, Additional GP a/w Smt. G. R. Raghuwanshi, AGP for
the State/Respondent in WP 7683/2026 a/w WP 6347/2026, WP
10599/2026, WP ST 13031/2026.
Mr. P. P. Kakade, Additional GP a/w Mr. S. H. Kankal, AGP for the
State/Respondent in WP 7681/2026 a/w WP 6286/2026, WP
6288/2026, WP 6290/2026.
Mr. P. P. Kakade, Additional GP a/w Smt. Savina Crasto, AGP for the
State/Respondent in WP 6292/2026 a/w WP 6297/2026.
SR. NO. 27
Mr. Vidyasagar Bhave i/by Talekar & Associates, Adv. For the
Petitioner.
Mr. P. P. Kakade, Additional GP a/w Smt. Vaishali Nimbalkar, AGP for
the State/Respondent in WP 10912/2026, WP 6001/2026, WP
10915/2026, WP 10946/2026, WP 10910/2026, WP 10911/2026.
Mr. P. P. Kakade, Additional GP a/w Ms. Priyanka Chavan, AGP for the
State/Respondent in WP 10913/2026 a/w WP 10923/2026, WP
10922/2026, WP 10944/2026, WP 10907/2026.
Mr. P. P. Kakade, Additional GP a/w Smt. P. J. Gavhane, AGP for the
State/Respondent in WP 10921/2026 a/w WP 10919/2026, WP
10956/2026, WP 10939/2026, WP 10904/2026.
Mr. P. P. Kakade, Additional GP a/w Mr. V. G. Badgujar, AGP for the
State/Respondent in WP 11023/2026 a/w WP 10909/2026.
SR. NO. 39
Mr. Vidyasagar Bhave i/by Talekar & Associates, Adv. For the
Petitioner.
Mr. S. H. Kankal, AGP for the State/Respondent.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 24TH AUGUST 2026.
1. By these Writ Petitions, there is a challenge to
Government Resolutions dated 1st April 2026 and 2nd April 2026 by
which the Respondents – State had disqualified the Petitioners –
Primary, Secondary and Higher Secondary School from receiving
grant-in-aid from the State of Maharashtra, in view of these schools
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failing to satisfy norms of assessments and directed them to submit
applications under the provisions of the Maharashtra Self-Finance
Schools (Establishment and Regulation) Act, 2012 (“Self Finance
Act”)on or before 30th April 2026. A further direction was issued
under the said resolutions that in case the managements/schools
failed to submit their applications on or before 30th April 2026, their
recognition shall stand cancelled automatically and the students in
such schools will be absorbed into nearby grant-in-aid schools or
other schools run by local authorities.
2. There were a batch of Writ Petitions viz. Writ Petition
No.1932 of 2026 along with companion Writ Petitions which had
come up before this Court (Circuit Bench at Kolhapur) and in those
Petitions, the very same Government Resolutions dated 1st April
2026 and 2nd April 2026 were under challenge. The Court upon
being satisfied that the action taken under the impugned Government
Resolutions dated 1st April 2026 and 2nd April 2026 for closing
down the aforesaid Petitioners schools, was without granting them an
opportunity of hearing and thus in violation of the principles of
natural justice. This was held upon considering the law laid down by
the Supreme Court in S.G. Jaysinghani vs. Union of India1.
1 AIR 1967 SC 1427.
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3. Accordingly, this Court (Circuit Bench at Kolhapur) had
held the said Government Resolutions not to be applicable to the
extent of the Petitioners and the Respondent – State was directed to
delete the names of Petitioner – Institutions from the list of the
schools which was published along with said Government
Resolutions. It was further clarified that the Petitioners would
continue their respective schools and no action as contemplated
under the Government Resolutions dated 1st April 2026 and 2nd
April 2026 could be initiated against them in the matter. The batch of
Writ Petitions had accordingly been disposed of in these terms.
4. The judgment of this Court (Circuit Bench at Kolhapur)
dated 29th April 2026 in the aforesaid batch of Petitions viz. Writ
Petition No.1932 of 2026 along with companion Writ Petitions has
been followed by this Court (Bench at Aurangabad) wherein there
was the same challenge to the Government Resolutions dated 1st
April 2026 and 2nd April 2026 on the ground of violation of
principles of natural justice viz. not granting the Petitioners schools
opportunity of hearing.
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5. In view of the above Petitions filed before this Court,
raising the same challenge to the Government Resolutions dated 1st
April 2026 and 2nd April 2026 by which the Petitioners schools have
been closed down without granting them opportunity of hearing, we
pass a similar order as has been passed by this Court (Circuit Bench
at Kolhapur) and (Bench at Aurangabad).
6. Upon expressing our view, Mr. Kakade, the learned
Additional Government Pleader appearing of the State states on
instructions that the Respondent – State will grant a hearing to the
Petitioners and the hearing will be fixed shortly. The statement is
accepted.
7. In view of the above statement, we declare that the
action taken under the impugned Government Resolutions dated 1st
April 2026 and 2nd April 2026 of closing down the Petitioners -
primary, secondary and higher secondary schools without granting a
opportunity of hearing is in violation of principles of natural justice.
These Government Resolutions are accordingly held not to be
applicable to these Petitioners.
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8. The Respondent – State is directed to delete the names
of the Petitioners – Schools from the list of the schools which was
published along with the Government Resolutions dated 1st April
2026 and 2nd April 2026.
9. In respect of the hearing being granted, as per the
aforesaid statement on behalf of the Respondent – State, we direct
the Respondent – State to issue notice to the Petitioners to appear on
the scheduled date. The decision taken by the Respondent – State in
respect of the Petitioners schools shall be communicated to the
Petitioners schools within a period of one week from the taking of the
decision which shall be in accordance with law.
10. Needless to mention that the Petitioners - schools would
continue their respective schools and no action as contemplated
under the Government Resolutions dated 1st April 2026 and 2nd
April 2026 shall be initiated against them.
11. Writ Petitions are accordingly disposed of on these terms.
There shall be no Order as to costs.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ]
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