Bombay High Court
PHULE EDUCATION SOCIETY THRU CHAIRMANversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Government Resolutions are not applicable because closing down the school without an opportunity of hearing violates natural justice.
Summary
The State of Maharashtra issued Government Resolutions on 1 April and 2 April 2026 disqualifying Phule Education Society's primary school from receiving grant‑in‑aid because it failed to meet assessment norms and was required to apply under the Maharashtra Self‑Finance Schools Act by 30 April 2026 or lose recognition. The school challenged the resolutions, arguing that the cancellation was effected without any opportunity of hearing, violating natural justice. The High Court, relying on its earlier orders in Writ Petition 5476 2026 and a precedent from its Kolhapur Circuit Bench, held that the resolutions could not be applied to the petitioner as the school was denied a hearing. Consequently, the Court ordered the State to delete the school’s name from the list of disqualified schools, to grant a hearing, and to communicate any decision within a week, allowing the school to continue operating. The petition was disposed with no costs awarded.
Issues considered
- Whether the Government Resolutions disqualifying the school without granting a hearing violate the principles of natural justice.
- Whether the resolutions are applicable to the petitioner school in view of the lack of a hearing.
Legislation cited
Subjects
- natural justice
- grant‑in‑aid
- school recognition
- hearing
- government resolution
- self‑finance schools
- Maharashtra
Judgment
1 11-wp-13105-2026.doc
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
signed by
MAMTA
MAMTA AMAR
AMAR KALE
KALE Date:
with
2026.10.09
12:37:29
+0530
WRIT PETITION NO. 13103 OF 2026
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
2 11-wp-13105-2026.doc
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
3 11-wp-13105-2026.doc
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
4 11-wp-13105-2026.doc
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
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