Bombay High Court
SUVARNA VISHWAS KUMBHARversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ORS
- Disposal
- Disposed Off
Holding
The order dated 22 July 2025 was quashed and set aside for being passed without affording a hearing, and the proposal was restored for fresh consideration.
Summary
The petitioner, Suvarna Vishwas Kumbhar, challenged the Education Officer's order dated 22 July 2025 that rejected his individual approval proposal, alleging that the order was passed without granting him a hearing. The petitioner argued that, if given an opportunity, he and the school management could have remedied the deficiencies noted in the order. The High Court examined whether the failure to provide a hearing violated principles of natural justice. Finding that the order was indeed passed without a hearing, the Court quashed and set aside the impugned order. It restored the original proposal dated 10 July 2025 to the file and directed the Education Officer to reconsider it, allowing the petitioner to address deficiencies and to conduct a hearing before issuing a reasoned decision within two months.
Issues considered
- Whether the Education Officer's order rejecting the petitioner's approval proposal was violative of the principles of natural justice by not granting a hearing.
Subjects
- natural justice
- right to hearing
- administrative law
- education officer
- writ petition
- quashing order
Judgment
958-WP-12721-2025 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12721 OF 2025
Suvarna Vishwas Kumbhar ...Petitioner
Versus
The State Of Maharashtra Through The
Secretary School Education And Sports
Department And Ors. ...Respondents
…..
Adv. Prashant Bhavake, for Petitioner.
Mr. Ravi P. Kadam, ‘B’ Panel Counsel, for the Respondent-State.
Mr. Kedar Lad, for Respondent No.5.
…..
CORAM : MADHAV J. JAMDAR &
PRAVIN S. PATIL, JJ.
DATE : 18th APRIL, 2026.
P.C. :
1. By this Petition, the Petitioner challenged the order dated
22nd July 2025 passed by the respondent No.5 - Education Officer,
whereby the proposal for individual approval of the Petitioner has been
rejected. The principal contention of the Petitioner is that the said order
was passed without granting an opportunity of hearing. Hence, same is
liable to be quash and set aside.
2. According to the petitioner, if hearing opportunity would have
been granted, the petitioner along with Management could satisfy the
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958-WP-12721-2025 (C).doc
Education Officer the deficiencies, which he has pointed out in the
impugned order. According to the petitioner and Management, they
can remove all the deficiencies pointed out in the impugned order.
3. In the light of the submission made by the petitioner and the fact
that the impugned order came to be passed without granting hearing
opportunity to the petitioner, we hereby quash and set aside the order
dated 22nd July 2025.
4. The proposal of individual approval dated 10th July 2025,
forwarded by the Management/School, is hereby restored to the file of
the of the Education Officer (Primary), Zilla Parishad, Kolhapur.
5. The Education Officer (Primary), Zilla Parishad, Kolhapur is
hereby directed to decide the proposal dated 10 th July 2025 afresh by
granting permission to satisfy the deficiencies to the petitioner and all
the stakeholders and then by granting hearing opportunity decide the
proposal by passing a reasoned order in accordance with law.
6. The aforesaid exercise shall be completed within a period of two
months from the date of this order.
[ PRAVIN S. PATIL, J.] [MADHAV J. JAMDAR, J.]
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