KAI BAPUSO PUNDALIK KALU PATIL BAHUDESHIY SHIKSHAN SANSTHA PACHORAversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

                                                                  41 WP 12281 OF 2026.DOC5476




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 12281 OF 2026

                      Kai. Bapuso Pundalik Kalu Patil
                      Bahudeshiy Shikshan Sanstha, Pachora
                      Tq: Pachora, Dist : Bhadgaon
                      Through its Principal                                     …Petitioner
                      Shri Randhir Bapusing Pardeshi
                              Versus

                      1      The State of Maharashtra,
                             Through its Principal Secretary,
                             School Education and Sports Department,
                             Mantralaya, Mumbai – 32 and Ors.                …Respondents


                      Mr. Vidyasagar Bhave i/b. M/s. Talekar and Associates, Advocate
                            for the Petitioner.
                      Mr. O. A. Chandurkar, Addl. G.P. a/w. Mrs. Vaishali S. Nimbalkar,
                            AGP for the Respondent – State.


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

                                          DATED:      21st SEPTEMBER 2026.

                      PC:-

                      1.      Heard Mr. Bhave, learned counsel for the Petitioner, and

RAJESHRI              Mr. Chandurkar, learned Addl. G.P. for the Respondent – State.
PRAKASH
AHER
Digitally signed by
RAJESHRI PRAKASH
AHER                  2.      This Writ Petition raises the same challenge which had been
Date: 2026.09.23
16:36:32 +0530


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



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Petitions, namely challenging the Government Resolutions dated

1st 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 this 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.


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

Petitions, have been disposed of by 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 Petitioner in that the action




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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 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 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.


5.      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 1 st April 2026 and

2nd April 2026.




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6.      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 accordance with law.


7.      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.


8.      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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