Bombay High Court
Sahara Shikshan Prasarak MandalversusThe State of Maharashtra AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The closure of the schools without granting them a hearing violates natural justice, rendering the Government Resolutions inapplicable to the petitioners.
Summary
A group of primary, secondary and higher secondary schools challenged the Maharashtra State Government Resolutions dated 1 April 2026 and 2 April 2026 that disqualified them from grant‑in‑aid for failing assessment norms and threatened automatic cancellation of their recognition unless they applied under the Maharashtra Self‑Finance Schools Act, 2012 by 30 April 2026. The schools argued that the resolutions were enforced without affording them a hearing, violating the principles of natural justice. The High Court, relying on its earlier judgment in Writ Petition No. 5476/2026, held that the resolutions could not be applied to the petitioners because the statutory requirement of a hearing was ignored. It declared the action of closing the schools without a hearing unlawful and directed the State to grant a hearing, issue notice, and communicate any decision within one week. The schools were allowed to continue operating and no costs were awarded.
Issues considered
- The Government Resolutions disqualifying schools from grant‑in‑aid are valid in the absence of a prior hearing.
- Whether the failure to provide a hearing violates the principles of natural justice.
- Whether the Maharashtra Self‑Finance Schools (Establishment and Regulation) Act, 2012 can be invoked to cancel school recognition without a hearing.
Subjects
- natural justice
- right to hearing
- grant‑in‑aid schools
- government resolution
- self‑finance schools
- cancellation of recognition
- writ petition
- Maharashtra
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
JITENDRA SHANKAR
NIJASURE
Date: 2026.09.05
11:06:37 +0530
Versus
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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