PHULE EDUCATION SOCIETY THRU CHAIRMANversusTHE 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. 13105 OF 2026

                    Phule Education Society through Chairman                 ...Petitioner
                           Vs.
                    The State of Maharashtra through its Principal
                    Secretary and Others                                      ...Respondents

                                                    with
                                       WRIT PETITION NO. 13104 OF 2026

                    Veershaiv Kakkya Geeta Samajik
                    Sanskrutik Sanstha through
                    Signatory Mayur Ramdas Suryawanshi                       ...Petitioner
                           Vs.
                    The State of Maharashtra through Principal
                    Secretary and Others                                      ...Respondents
        Digitally


                                                    with
        signed by
        MAMTA
MAMTA AMAR
AMAR KALE
KALE  Date:
      2026.10.09



                                       WRIT PETITION NO. 13103 OF 2026
        12:37:29
        +0530




                    Phule Education Society through Chairman                 ...Petitioner
                           Vs.
                    The State of Maharashtra through its Principal
                    Secretary and Others                                      ...Respondents

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

                    Mr. Vidyasagar Bhave i/b. Talekar and Associates, for the Petitioners.
                    Mr. O. A. Chandurkar, Addl.G.P. a/w. Ms. Priyanka B. Chavan, AGP, for the
                    Respondent / State in WP/13105/2026.
                    Mr. O. A. Chandurkar, Addl.G.P. a/w. Ms. Vaishali S. Nimbalkar, AGP, for the
                    Respondent / State in WP/13104/2026.

                     Mamta Kale                                                                1/4
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Mr.      O. A. Chandurkar, Addl.G.P. a/w. Mr. P. G. Sawant, AGP, for the
Respondent / State in WP/13103/2026.
                                 -----------------


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

                                DATED        : 7th OCTOBER, 2026

P.C.:-

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

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

2.             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 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 an application under the provisions of the

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

2012 (“Self Finance Act”) on or before 30th 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.


 Mamta Kale                                                                   2/4
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3.            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 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 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

 Mamta Kale                                                                3/4
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with the Government Resolution dated 2nd April 2026.

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 Resolution

dated 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.]




 Mamta Kale                                                               4/4