SHRI RAJARAM SATYANARAYAN DUBEY ADARSH SHIKSHAN SANSTHA THRU PRINCIPALversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

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                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 12054 OF 2026

                    Shri Rajaram Satyanarayan Dubey
                    Adarsh Shikshan Sanstha through Principal                   ...Petitioner
                             Vs.
                    The State of Maharashtra through Principal
                    Secretary and Others                                        ...Respondents

                                                      -----------------

                    Mr. Vidyasagar Bhave i/b. Talekar and Associates, for the Petitioner.
                    Mr. O. A. Chandurkar, Addl.G.P. a/w. Smt. D. S. Deshmukh, AGP, for the
                    Respondent / State.
        Digitally
        signed by
        MAMTA
MAMTA AMAR
AMAR KALE
                                                      -----------------
KALE  Date:
      2026.10.01
        12:08:31
        +0530




                                                      CORAM :         R. I. CHAGLA AND
                                                                      FIRDOSH P. POONIWALLA, JJ.

                                                      DATED       : 30th SEPTEMBER, 2026

                    P.C.:-

                    1.             The learned Counsel appearing for the Petitioner has tendered

                    Service Affidavit dated 30th September 2026, which shows that Respondent

                    No.4 Education Officer, Zilla Parishad, Palghar (Primary) has been served

                    by way of Hand Delivery notice of the matter being listed before this Court

                    as well as a copy of the Writ Petition.

                    2.             The Affidavit of Service is taken on record. In spite of service,

                    none appears for Respondent No.4 – Education Officer, Zilla Parishad,

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Palghar (Primary).

3.            Heard Mr. Vidyasagar Bhave, learned counsel for the Petitioner,

and Mr. Chandurkar, learned Addl. G.P. for the Respondent – State.

4.            This Writ Petition raises the same challenge which had been

raised in Writ Petition No. 5476 of 2026, along with companion Petitions,

namely challenging the Government Resolutions dated 1 st April 2026 and

2nd April 2026 by which the Respondent–State had disqualified the

Petitioner–Primary School from receiving grant-in-aid from the State of

Maharashtra, in view of the school failing to satisfy norms of assessments

and directed the school to submit application under the provisions of the

Maharashtra Self-Finance Schools (Establishment and Regulation) Act,

2012 (“Self Finance Act”) on or before 30 th April 2026. Further, as per the

said Government Resolutions, if the management/school failed to submit

the application on or before 30th April 2026, its recognition would stand

cancelled automatically and the students in such school would be absorbed

into nearby grant-in-aid schools or other schools run by local authorities.

5.            Writ Petition No.5476 of 2026, along with companion Writ

Petitions, have been disposed of by an Order dated 24 th August 2026. This

Court has followed the judgment of this Court (Circuit Bench at Kolhapur)

dated 29th April, 2026 and which in turn followed the Order passed by the

Aurangabad Bench of this Court. These Petitions have been allowed by

holding that the said Government Resolutions are not applicable to the

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Petitioner in that the action taken thereunder for closing down the aforesaid

Petitioners–Schools was without granting them an opportunity of 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 the said

Government Resolutions. In the said Order dated 24 th 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.

6.            We accordingly follow the aforesaid decisions, and declare that

the action of closing down the Petitioner-School without granting an

opportunity of hearing is in violation of the principles of natural justice.

These Government Resolutions are accordingly not applicable to the present

Petitioner.

7.            The Respondent State is directed to delete the name of the

Petitioner School from the list of the schools which was published along

with the Government Resolutions dated 1st April 2026 and 2nd April 2026.

8.            The Respondent–State is directed to grant a hearing to the

Petitioner–School and issue a notice to appear on the scheduled date fixed

for the hearing. The decision taken by the Respondent–State in respect of

the present Petitioner-School shall be communicated within a period of one

week from taking of the decision, which decision shall be taken in

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accordance with law.

9.            Needless to mention that the Petitioner–School would continue

the school and no action as contemplated under the Government

Resolutions dated 1st April 2026 and 2nd April, 2026 shall be initiated

against it.

10.           The present Writ Petition is 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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