Bombay High Court

SUDHIR SUMANTRAO DESHMUKHversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The resolution is held to be violative of natural justice and therefore not applicable to the petitioners.

Summary

The petitioners, two educational institutions, challenged a Government Resolution dated 2 April 2026 that disqualified them from receiving grant-in-aid and ordered the closure of their secondary and higher secondary schools. They argued that the resolution was passed without affording them a hearing, violating the principles of natural justice. The High Court noted that the issue had already been decided on merits by the Kolhapur Circuit Bench in Writ Petition No. 1932 of 2026 and related matters. Relying on that earlier order dated 29 April 2026, the Court held the resolution inapplicable to the petitioners, directed the deletion of their names from the published list, and allowed the schools to continue operating. Consequently, the writ petitions were allowed, granting the relief sought.

Issues considered

Whether the Government Resolution dated 2 April 2026 disqualifying the institutions from grant-in-aid, without a hearing, violates the principles of natural justice.

Subjects

natural justice
grant-in-aid
disqualification
school closure
writ petition
government resolution
hearing

Judgment

2026:BHC-AUG:37841-DB


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

                                WRIT PETITION NO.10630 OF 2026

                 Sudhir Sumantrao Deshmukh                             PETITIONER
                      VERSUS
                 The State of Maharashtra and Others                RESPONDENTS

                                              .......
                 Mr. Tukaram M. Venjane, Advocate for the Petitioner
                 Mr. S. K. Tambe, AGP for Respondent - State
                                              .......
                                              AND
                               WRIT PETITION NO.10634 OF 2026

                 Jai Hanuman Dnyanprasarak Mandal
                 Through its President                                 PETITIONER
                       VERSUS
                 The State of Maharashtra and Others                RESPONDENTS

                                              .......
                 Mr. Tukaram M. Venjane, Advocate for the Petitioner
                 Mr. M. K. Goyanka, AGP for Respondent - State
                                              .......

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

                                     DATE : 19th AUGUST, 2026

                 ORDER :

                 1.     Challenge raised in these Petitions 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}                wp10630-26.doc


2.      The issue raised in 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 29 th April,

2026 these Writ Petitions are allowed in the following terms:


     I. It is hereby declared that the action taken under the

        impugned Government Resolution dated 2 nd April, 2026, of

        closing down the secondary and higher secondary schools,

        without granting them         opportunity of hearing,    is   in

        violation of the principles of natural justice. Hence, the said

        Government Resolution 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 2 nd

        April, 2026.
                               {3}               wp10630-26.doc


 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/wp10630-26.doc

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