Bombay High Court
SHOBHNATH HANUMAN YADAV EDUCATION TRUST THR. ITS TRUSTEEversusTHE STATE OF MAHA. THR. THE PRINCIPAL SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The closure of the schools without granting a hearing violates natural justice, rendering the Government Resolutions inapplicable to the petitioners.
Summary
A group of writ petitions filed by several primary, secondary and higher secondary schools challenged Maharashtra Government Resolutions dated 1 April 2026 and 2 April 2026 that automatically cancelled their grant‑in‑aid status and recognition for failing to meet assessment norms, without affording them a hearing. The High Court, relying on its earlier judgment in Writ Petition No. 5476 of 2026 and a Circuit Bench decision from Kolhapur, held that the closures violated the principles of natural justice. Consequently, the Court declared the resolutions inapplicable to the petitioning schools and ordered the State to grant them a hearing and issue notice of the hearing date. The State was further directed to communicate any decision within one week and to refrain from implementing the punitive measures. The petitions were disposed of on these terms with no order as to costs.
Issues considered
- The Government Resolutions cancelling grant‑in‑aid status and recognition of schools without a prior hearing violate the principles of natural justice.
- Whether the Resolutions are applicable to the petitioning schools in view of the lack of a hearing.
- Whether the State must provide a hearing and refrain from automatic cancellation of school recognition.
Subjects
- natural justice
- grant‑in‑aid schools
- government resolution
- hearing
- school recognition
- self‑finance schools act
- writ petition
- administrative law
Judgment
907- 7-wpst 12924.2026 with group petitions.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.12924 OF 2026
JITENDRA
SHANKAR Vanai Bahuddeshiya Vikas Sanstha ...Petitioner
NIJASURE
Digitally signed by
Versus
JITENDRA SHANKAR
NIJASURE
Date: 2026.09.05
11:06:37 +0530
The State of Maharashtra ...Respondents
WITH
WRIT PETITION NO.11765 OF 2026
WITH
WRIT PETITION (ST) NO.12901 OF 2026
WITH
WRIT PETITION (ST) NO.19111 OF 2026
WITH
WRIT PETITION (ST) NO.19193 OF 2026
WITH
WRIT PETITION NO.11421 OF 2026
WITH
WRIT PETITION NO.11423 OF 2026
WITH
WRIT PETITION NO.11424 OF 2026
WITH
WRIT PETITION NO.11422 OF 2026
WITH
WRIT PETITION (ST) NO.25755 OF 2026 (NOB)
WITH
WRIT PETITION (ST) NO.18333 OF 2026 (NOB)
WITH
WRIT PETITION (ST) NO.17131 OF 2026 (NOB)
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907- 7-wpst 12924.2026 with group petitions.doc
Sr.No.907
Mr. Vidyasagar Bhave i/by Talekar & Associates, Adv. For the
Petitioner.
Smt. Vaishali S. Nimbalkar, AGP for Respondent – State in WP (St.)
12924/2026.
Mr. Vikas M. Mali, AGP for Respondent – State in WP 11765/2026.
Mr. S.H. Kankal, AGP for Respondent – State in WP(St) 12901/2026.
Mr. A.K. Naik, AGP for WP (St.) 19111/2026.
Mrs. Priyanka B. Chavan, AGP for Respondent – State in WP(St.)
19193/2026.
Sr.No.7
Mr. Vidyasagar Bhave i/by Talekar & Associates, Adv. For the
Petitioner.
Mr. P.P. Kakade, Addl. GP with Ms. Priyanka B. Chavan, AGP for
Respondent – State in WP 11421/2026.
Mr. P.P. Kakade, Addl. GP with Ms. M.P. Thakur, AGP for Respondent
– State in WP 11423/2026.
Mr. P.P. Kakade, Addl. GP with Mr. V.G.Badgujar, AGP for
Respondent – State in WP 11424/2026.
Mr. P.P. Kakade, Addl. GP with Smt. D.S.Deshmukh, AGP for
Respondent – State in WP 11422/2026.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 3RD SEPTEMBER 2026.
1. The Writ Petition (St.) Nos.25755 of 2026, 18333 of
2026 and 17131 of 2026 are not on board. Taken on board.
2. These Writ Petitions along with the above Writ Petitions
have sought the same challenge which had been sought in Writ
Petition No.5476 of 2026 along with companion Petitions namely
challenging the Government Resolutions dated 1st April 2026 and
2nd April 2026 by which the Respondent – State had disqualified the
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907- 7-wpst 12924.2026 with group petitions.doc
Petitioners – Primary Secondary and Higher Secondary School from
receiving grant-in-aid from the State of Maharashtra, in view of these
schools 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. Further, by the said
Government Resolutions the managements/schools upon failure 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.
3. The Writ Petition No.5476 of 2026 along with
companion Writ Petitions have been disposed of by order dated 24th
August 2026. This Court has followed the judgment of this Court
(Circuit Bench at Kolhapur) dated 29th April 2026 and which in then
followed the Order passed by this Court Bench at Aurangabad. These
Petitions have been allowed by holding that the said Government
Resolutions are not applicable to the extent of the Petitioner’s in that
the action taken thereunder for closing down the aforesaid
Petitioners - Schools, was without granting them an opportunity of
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hearing and thus in violation of the principles of natural justice. The
Respondent – State was accordingly directed to delete the names of
Petitioners – Schools from the list of schools which was published
along with said Government Resolutions. In the said Order dated
24th August 2026 passed by this Court, the statement made on
behalf of the Respondent – State viz. that the Respondent – State will
grant hearing to the Petitioners – Schools and the hearing will be
fixed shortly was accepted.
4. We accordingly follow the aforesaid decisions, and
declare that the action of closing down the Petitioners - Schools is
without granting an opportunity of hearing and in violation of
principles of natural justice. These Government Resolutions are
accordingly not applicable to the present Petitioners.
5. The Respondent – State is directed to grant hearing to
the Petitioners - Schools and issue them notice to appear on the
scheduled date fixed for the hearing. The decision taken by the
Respondent – State in respect of the present Petitioners - Schools
shall be communicated to them within a period of one week from
taking of the decision which decision shall be taken in accordance
with law.
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6. 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.
7. The present 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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