Bombay High Court
THE HEADMASTER CHHATRAPATI SHIVAJI VIDYALAYA LATURversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
A resolution that disqualifies schools from grant‑in‑aid without affording them a hearing is violative of natural justice and is therefore inapplicable to the petitioners.
Summary
The petitioners, a group of educational societies and headmasters, challenged two Government Resolutions dated 1 April 2026 and 2 April 2026 that disqualified their institutions from receiving grant‑in‑aid on the ground of alleged non‑compliance with prescribed norms. The petitioners argued that the resolutions were passed without affording them a hearing, violating the principles of natural justice. The Court noted that the matter had already been decided on merits by the Kolhapur Circuit Bench in Writ Petition No. 1932 of 2026 and related petitions, and it adopted that reasoning. Accordingly, the Court held that the resolutions were void to the extent they affected the petitioners because they breached natural‑justice requirements. The Court directed the State to delete the petitioners’ names from the list of schools covered by the resolutions and to allow the institutions to continue operating without any adverse action.
Issues considered
- The Government Resolutions disqualifying schools from grant‑in‑aid were valid despite the lack of a hearing.
- Whether the failure to provide an opportunity of hearing violates the principles of natural justice.
Subjects
- natural justice
- grant‑in‑aid
- school disqualification
- government resolution
- writ petition
- opportunity of hearing
- principles of natural justice
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
19 WRIT PETITION NO. 10337 OF 2026
Anusaya Shikshan Prasarak Mandal, Parbhani And Another
VERSUS
The State Of Maharashtra Education Department And Others
...
Mr. R. K. Kharat h/f. Mr. V. S. Panpatte, Advocate for the
Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
…
AND
54 WRIT PETITION NO. 10128 OF 2026
Azad Ali Shah Shikshan SaMr. N. S. Tekaleha Aurangabar
Through Its Secretary And Anr
VERSUS
The State Of Maharashtra Through Its Secretary And Ors.
...
Mr. Shinde Chandrakant K., Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
AND
954 WRIT PETITION NO. 10520 OF 2026
Ajubai Shikshan Va Bahuuddeshiya Vikas Mandal Through Its
President And Another
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Shinde Chandrakant K., Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
Mr. P. D. Suryawanshi, Advocate for Respondent No.4
AND
955 WRIT PETITION NO. 10521 OF 2026
The Headmaster Chhatrapati Shivaji Vidyalaya Latur
VERSUS
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The State Of Maharashtra Through Its Secretary And Others
...
Mr. Shinde Chandrakant K., Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
...
AND
WRIT PETITION NO. 10519 OF 2026
The Headmaster Shardamata marathi Primary School
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Shinde Chandrakant K., Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondents/State
…
AND
957 WRIT PETITION NO. 4797 OF 2026
Rojabaugh Education Society Through Its Secretary And Another
VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
...
AND
958 WRIT PETITION NO. 4801 OF 2026
Jai Shivray Shikshan SaMr. N. S. Tekaleha Chh Sambhajinagar
Through Its President And Another
VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State
...
AND
959 WRIT PETITION NO. 4811 OF 2026
Seema Education And Welfare Society Parbhani Through Its
President And Another
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VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. N. S. Tekale, AGP for Respondents/State
...
AND
960 WRIT PETITION NO. 4816 OF 2026
Fatema Education And Social Welfare Society Jintur And
Another
VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
...
AND
961 WRIT PETITION NO. 4825 OF 2026
Aurangabad Silk Mills Education Society Through Its Secretary
And Another
VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
...
AND
962 WRIT PETITION NO. 4831 OF 2026
Sayed Ahmad Khan Pratisthan Through Its Secretary And
Another
VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. S. R. Wakle, , AGP for Respondents/State
...
AND
963 WRIT PETITION NO. 5224 OF 2026
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Apj Abdul Kalam Trust Parbhani Through Its President And
Another
VERSUS
State Of Maharashtra Through It Secretary And Others
...
Mr.Gapat Pramod BabAnotherao, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondents/State
...
AND
964 WRIT PETITION NO. 5231 OF 2026
Jai Shivray Shikshan SaMr. N. S. Tekaleha Chh Sambhajinagar
Through Its President And Another
VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. S. K. Tekale, AGP for Respondents/State
...
AND
965 WRIT PETITION NO. 5257 OF 2026
Kalawatidevi Medicate Recreation Trust Through Its President
And Another
VERSUS
State Of Maharashtra Through Its Secretary And Others
...
Mr. Gapat Pramod BabAnotherao, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 18th AUGUST 2026
P. C. :-
1. Challenge raised in these Petitions is to the Government
Resolutions dated 1st April, 2026 and 2nd April, 2026, whereby
the State Government has taken a decision to disqualify the
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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 all these Writ Petitions 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
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 29th April,
2026 these Writ Petitions are allowed in the following terms:
I. It is hereby declared that the action taken under the
impugned Government Resolutions dated 1 st April, 2026
and 2nd April, 2026, of closing down the primary,
secondary and higher secondary schools, without granting
them opportunity of hearing, is in violation of the
principles of natural justice. Hence, both these
Government Resolutions are 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
Resolutions dated 1st April, 2026 and 2nd April, 2026.
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III. Needless to mention that the Petitioners would
continue their respective schools and no action as
contemplated under the Government Resolutions dated 1 st
April, 2026 and 2nd April, 2026 be initiated against them.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
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