Bombay High Court

ALFALAHA WELFARE EDUCATION SOCIETY THR ITS SECRETARY NOOR KHANversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

A government resolution that closes schools without granting an opportunity of hearing violates natural justice and is not applicable to the petitioner.

Summary

The State Government issued resolutions on 1 April 2026 and 2 April 2026 disqualifying Alfalaha Welfare Education Society from receiving grant‑in‑aid and ordering the closure of its primary, secondary and higher secondary schools without providing a hearing. The Society challenged these resolutions by filing a writ petition. 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 petitions. Relying on that earlier order, the Court held that the closure resolution violated the principles of natural justice as it denied the Society an opportunity of hearing. Consequently, the Court declared the 2 April 2026 resolution inapplicable to the Society, directed the deletion of its name from the published list of schools, and ordered that no action be taken against it. The writ petition was therefore allowed.

Issues considered

What is the legal effect of a government resolution that disqualifies an institution from grant‑in‑aid and orders school closures without affording a hearing?
Does the denial of an opportunity of hearing render the resolution violative of the principles of natural justice?

Subjects

natural justice
grant in aid
school closure
writ petition
government resolution
opportunity of hearing

Judgment

2026:BHC-AUG:41501-DB


                                                1                   71-WP-11702-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 11702 OF 2026

                    ALFALAHA WELFARE EDUCATION SOCIETY, THROUGH ITS
                                           SECRETARY
                                             VERSUS
              THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY
                                          AND OTHERS
                                               ...
              Mr. Pralhad D. Bachate, Advocate for the Petitioner
              Mr. N. D. Batule, AGP for Respondents/State
                                               ...

                                     CORAM : NITIN B. SURYAWANSHI AND
                                             ABASAHEB D. SHINDE, JJ.
                                       DATE : 08th SEPTEMBER, 2026

              PER COURT :

              1.           Challenge raised in this petition is to the Government

              Resolutions dated 1st April, 2026 and 2nd April, 2026, whereby the

              State Government has taken a decision to disqualify the Petitioner

              from receiving grant in aid on the ground that the petitioner

              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 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




              SVH
                                     2                    71-WP-11702-26.odt


matters, which were decided on 8th May, 2026.

3.     For the reasons recorded in the order dated 29th April, 2026

the Writ Petition is allowed in the following terms:


I.     It is hereby declared that the action taken under the
       impugned Government Resolution dated 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, this Government Resolution is held to be not
       applicable to the extent of the Petitioner.
II.    The Government is hereby directed to delete the name of
       the Petitioner institution from the list of schools, which is
       published along with the Government Resolution dated
       2nd April, 2026.
III.   Needless to mention that the Petitioner would continue
       their respective school and no action as contemplated
       under the Government Resolution dated 2nd April, 2026
       be initiated against it.



 (ABASAHEB D. SHINDE, J.)                (NITIN B. SURYAWANSHI, J.)




SVH

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