Bombay High Court
AYESHA EDUCATION AND WELFARE TRUST GHATKOPARversusTHE STATE OF MAHARASHTRA THRO. ITS PRINCIPAL SECRETARY
- Decided
- Disposal
- Disposed Off
Holding
The closure of the petitioner schools without granting a hearing violates natural justice, rendering the government resolutions inapplicable.
Summary
The petitioners, three educational trusts, challenged Maharashtra Government Resolutions dated 1 and 2 April 2026 that disqualified their primary schools from grant‑in‑aid and ordered automatic cancellation of recognition for failing to file applications under the Maharashtra Self‑Finance Schools Act. The High Court noted that the earlier writ petition (WP 5476 of 2026) and companion petitions had been decided, holding that the resolutions were invalid because the schools were not afforded a hearing, violating natural justice. Following that precedent, the Court declared the resolutions inapplicable to the present petitioners, ordered the deletion of their names from the published list, and directed the State to grant a hearing and communicate its decision within a week. The schools may continue to operate and no action under the resolutions will be taken. The writ petition was disposed without costs.
Issues considered
- The validity of the Government Resolutions disqualifying schools from grant‑in‑aid without a prior hearing
- Whether the principles of natural justice require a hearing before cancellation of school recognition
Legislation cited
Subjects
- natural justice
- grant‑in‑aid
- school recognition
- hearing
- government resolution
- writ petition
- Maharashtra education law
Judgment
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2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13347 OF 2026
R. R. Education Trust through Chairman ...Petitioner
Vs.
The State of Maharashtra through its
Principal Secretary and Others ...Respondents
with
WRIT PETITION NO. 13348 OF 2026
Ayesh Education and Welfare Trust Ghatkopar ...Petitioner
Vs.
The State of Maharashtra through
its Principal Secretary and Others ...Respondents
with
WRIT PETITION (ST) NO. 29413 OF 2026
Vanita Vikas Mandal ...Petitioner
Digitally
Vs.
signed by
MAMTA
MAMTA AMAR
AMAR KALE
KALE Date:
2026.10.09
12:37:29
+0530
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. Vaishali S. Nimbalkar, AGP, for the
Respondent / State in WP/13347/2026.
Mr. O. A. Chandurkar, Addl.G.P. a/w. Ms. Mansi S. Bane, AGP, for the
Respondent / State in WP/13348/2026.
Mr. O. A. Chandurkar, Addl.G.P. a/w. Mr. S. H. Kankal, AGP, for the
Respondent / State in WPST/29413/2026.
-----------------
Mamta Kale 1/4
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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.
3. Writ Petition No.5476 of 2026, along with companion Writ
Petitions, have been disposed of by Order dated 24th August 2026. This
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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
with the Government Resolution dated 2nd April 2026.
6. The Respondent–State is directed to grant a hearing to the
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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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