Bombay High Court
SHRI DATTA SHIKSHAN PRASARAK MANDAL SHIROL THR. PRESIDENT MAHESH DATTA KALEKARversusTHE STATE OF MAHARASHTRA THR. SECRETARY THE SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The Court held that the Government resolutions disqualifying the petitioners were illegal as they were issued without affording a hearing and therefore the names of the institutions must be deleted from the list of schools affected.
Summary
The petitioners, a group of private educational institutions, challenged two Government Resolutions dated 1 April 2026 and 2 April 2026 that disqualified them from receiving grant‑in‑aid on the ground of alleged non‑compliance with assessment norms. The State argued that the institutions could apply for registration under the Maharashtra Self‑Financed Schools (Establishment and Regulation) Act, 2012 and that students would be absorbed elsewhere if the institutions were closed. The Court observed that the schools had existing permissions and recognitions, and that no record showed three consecutive years of non‑compliance; moreover, the resolutions were passed without affording a hearing, violating principles of natural justice and the rule of law. Referring to its earlier decision in Writ Petition No. 1932 of 2026 and to the Supreme Court’s ruling in S.G. Jaysinghani v. Union of India, the Court held that the State must not enforce the disqualification orders. Consequently, the Court directed the Government to delete the petitioners’ institutions from the list of schools affected by the resolutions and allowed the institutions to continue operating. The writ petitions were disposed of with no order as to costs.
Issues considered
- Whether the State Government’s resolutions disqualifying the institutions from grant‑in‑aid without a hearing violate principles of natural justice.
- Whether the resolutions are valid under the Maharashtra Self‑Financed Schools (Establishment and Regulation) Act, 2012 and the Secondary School Code.
- Whether the petitioners are entitled to continue receiving grant‑in‑aid and to retain their recognition.
Legislation cited
- Maharashtra Self‑Financed Schools (Establishment and Regulation) Act, 2012
Subjects
- grant‑in‑aid
- natural justice
- rule of law
- administrative discretion
- education institutions
- Maharashtra
- writ petition
- recognition
Judgment
wp-918-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1971 OF 2026
Datta Shikshan Prasarak Mandal ...Petitioner
Through its President
Mahesh Datta Kalekar
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.2012 OF 2026
Higher Education Society Shirala ...Petitioners
Through Chairman & Ors.
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.3936 OF 2026
Ramraje Jr. College of Arts, Commerce ...Petitioners
and Science, Dapoli Dist. Ratnagiri
Through its Principal,
Vedika Chetan Rane & Anr.
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.3631 OF 2026
Halkarni Bhag Shikshan Prasarak Mandal, ...Petitioners
Through Chairman Vijay Manilal Shah & Ors.
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.3673 OF 2026
Janata Shikshan Sanstha Kotoli & Ors. ...Petitioners
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Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.2026 OF 2026
Dnyansamwardhini Shikshan Sanstha, Shirwal ...Petitioners
Through its President/Secretary & Anr.
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.2027 OF 2026
Maharashtra Shikshan Mandal, Kolhapur ...Petitioners
Through its President/Secretary & Anr.
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.3947 OF 2026
(not on board)
Atpadi Education Society, Atpadi ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4045 OF 2026
(not on board)
Atpadi Education Society, Atpadi ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4005 OF 2026
(not on board)
Late Balwantrao Patil Shikshan ...Petitioner
Prasarak Mandal, Khupire
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4006 OF 2026
(not on board)
Rashtriya Shikshan Sangh ...Petitioner
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Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (STAMP) NO.4004 OF 2026
(not on board)
Dnyansanwardhini Education Society, Shirwal ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
——————
Mr. Arvind G. Ambetkar a/w Surekha H. Kamble, for the Petitioner in
WP/1971/2026.
Mr. S. B. Kalel, AGP, for the Respondent-State in WP/1971/2026.
Mr. Chetan G. Patil a/w Prathamesh P. Magadum & Bhushan S. Jadhav,
for the Petitioners in WP/2012/2026.
Ms. T. J. Kapre, AGP, for the Respondent-State in WP/2012/2026.
Mr. S. B. Talekar a/w Saurabh Veer & Vishakha Patil i/b Talekar &
Associates, for the Petitioners in WPST/3936/2026.
Ms. T. J. Kapre, AGP, for the Respondent-State in WPST/3936/2026.
Mr. Chetan G. Patil a/w Prathamesh P. Magadum & Bhushan S. Jadhav,
for the Petitioners in WPST/3631/2026.
Mr. V. M. Mali, AGP, for the Respondent-State in WPST/3631/2026.
Mr. Chetan G. Patil a/w Prathamesh P. Magadum & Bhushan S. Jadhav,
for the Petitioners WPST/3673/2026.
Mr. S. B. Kalel, AGP, for the Respondent-State WPST/3673/2026.
Mr. Prashant Bhavake, for the Petitioners in WP/2026/2026 &
WP/2027/2026.
Mr. S. B. Kalel, AGP, for the Respondent-State in WP/2026/2026
WP/2027/2026.
Mr. S. B. Talekar a/w Saurabh Veer & Vishakha Patil i/b Talekar &
Associates, for the Petitioner in WPSt/3947/2026 & 4045/2026,
4005/2026, 4006/2026 & 4004/2026.
Mr. A. P. Vanarase, AGP, for the Respondent-State in WPSt/3947/2026.
Ms. T. J. Kapre, AGP, for the Respondent-State in WP/4045/2026 &
WPST/4006/2026.
Ms. S. N. Deshmukh, AGP, for the Respondent-State in WP/4005/2026.
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Mr. V. M. Mali, AGP, for the Respondent-State in WPST/4004/2026.
——————
Coram : Madhav J. Jamdar &
Pravin S. Patil, JJ.
Date : May 8, 2026.
ORAL JUDGMENT (PER : PRAVIN S. PATIL. J.) :
1. By these writ petitions, challenge is to the Government Resolutions
dated 01.04.2026 and 02.04.2026, whereby the State Government has
taken a decision to disqualify the petitioner-institutions from receiving
grant-in-aid on the ground that they repeatedly failed to comply with the
norms prescribed for the assessment of the institutions to receive grant-
in-aid from State Government.
2. It is also held that the petitioners would be at liberty to move
applications on or before 30th April 2026 for registration of the schools
under the provisions of the Maharashtra Self-Financed Schools
(Establishment and Regulation) Act, 2012. The Government further held
that, in case the petitioners failed to move such applications on or before
30th April 2026, the students of the schools would be absorbed in nearby
schools or other schools run by local authorities.
3. It is noted by this Court from the submission made by the parties
that their schools received the permission from the State Government
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long back and after granting permission, Education Department has
granted recognition to the schools by invoking the powers available
under the provisions of Secondary School Code. As such, as on date, their
status is of recognized schools. Under the provisions of Secondary School
Code, the mechanism is provided for withdrawal of recognition of the
schools. However, in the present case, without taking the recourse of said
provisions, directly, the State Government has passed the order of
withdrawing their recognition and absorbing the students in the other
schools. In our considered opinion, before taking such decision, the
respective schools and the teachers as well as students, who are
prosecuting their studies in the schools, the fate of staff working in the
schools, whether there are availability of neighboring schools to absorb
the students ought to have been looked into the matter and for this
purpose, hearing opportunity ought to have been granted to them. For
the perusal, the details of the school when it was permitted to start and
present status is reproduced as under:
Name of Name of the School Date of Status of grant-in-aid Sr. No. in
Writ Petition No. Educational permission impugned
Institution /recognition Government
Resolution
WP/1807/2026 Noor-Ul-Huda Urdu Secondary 04.09.1987 Held Eligible for partial 02.04.2026
Education Society, School, New Shelagi grant-in-aid vide Sr. No. 156
Akkalkot Government Resolution
dated 06.02.2023
WP/1875/2026 Phaltan Urdu Urdu primary School, 14.06.2016 Proposal for Grant-in-aid is 01.04.2026
Education Society, Phaltan pending Sr. No. 212
Phaltan
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WP Lavel Vibhag Vishwanath Vidyalaya 17.12.2007 Proposal for Grant-in-aid is 02.04.2026
ST/3481/2026 Shikshan Prasarak Va Kai. Pa Shri Tatha pending Sr. No.208
Mandal, Lavel Anna Saheb Behere
Kanishtha
Mahavidyala,
WP ST Datta Shikshan Vitthal Patil 01.09.2009 Proposal for Grant-in-aid is 02.04.2026
3479/2026 Prasarak Mandal, Madhyamik Vidyalaya pending Sr.No.222
Panutre Va Junior College,
Kale
WP ST Sharada Shikshan Swami Vivekanand 30.08.2002 Proposal for Grant-in-aid is 02.04.2026
1876/2026 Prasarak Mandal, Vidyalaya, pending Sr. No. 230
Yadhwantnagar
WP ST Rukminibai Mate 1. Ma. Balaso Mate 15.10.2009 Proposal for grant in aid 02.04.2026
3593/2026 Shikshan Sanstha, Madhya. V. Uccha rejected. Writ Petition is Sr. No. 198
Kamathe Madhya. Vidyalaya, pending challenging Sr No. 200
Kamathe rejection
2. New English School 13.01.2010
and Junior College,
Pachad-Shiral
WP Sane Guruji Sane Guruji Vidya 25.07.2008 Proposal for Grant-in-aid is 02.04.2026
ST 3591/2026 Shikshan Prasarak Mandir and pending Sr. No. 259
Mandal, Janashi P.B.Chavan Arts and
Commerce
(Combined) College,
Janashi
WP ST Anjuman Targheeb- Anglo Urdu Primary 20.03.2002 Proposal for Grant-in-aid is 01.04.2026
3622/2026 E-Taleeem Shikshan School, Akkalkot pending Sr. No.174
Prasarak Mandal,
Station Raod,
Akkalkot
WP ST Mangalwedha Jawaharlal Urdu High 27.08.2009 The Education Officer 2nd April 2026
3609/2026 Education Society, School Mangalwedha, (Secondary), Zilla
Mangalwedha, Dist. Dist. Solapur Parishad, not accepting Sr. No.152
Solapur proposal of
evaluation/assessment to
releasing grant-in-aid.
WP 1932/2026 Sahyandri Shikshan Sahyandri Shikshan 07.03.2003 Held eligible for grant-in- G. R.
Sanstha Sanstha Sanchalit aid by G.R. dated 01.04.2026 Sr.
Primary School 01.07.2016 (Pg 37-40) No.203
(Sawarde) Name of School at Se.
No.20
WP 1938/2026 New English School 27.07.2012 Name of School not G.R.
and Junior College included in G.R. 02.04.2026 Sr.
(Kherdi) sanctioning grant-in-aid. No.199
Hence Petitioners have
filed Writ Petition
No.10565 of 2024 for
direction to sanction
grant-in-aid. WP is
pending.
WP 1937/2026 Govindrao Nikam Additional Name of School not G.R.
Secondary and Higher Divisoins included in G.R. 02.04.2026 Sr.
Secondary School, 16.11.2013 sanctioning grant-in-aid. No.201
(Sawarde) Hence Petitioners have
filed Writ Petition No.9536
of 2024 for direction to
sanction grant-in-aid. WP
is pending
WP 1936/2026 New English School 09.12.1991 -- G.R.
and Junior College, 02.04.2026 Sr.
Ambdas No.207
WP 1934/2026 Vasant Shankar Desai Std. 11th Arts Proposal seeking grant-in- G.R.
Secondary and Higher 25.07.2008, aid not accepted by 02.04.2026 Sr.
Secondary School Additional Education Officer for want No.202
(Asurde Ambatkhot) Divison Std. of individual approval
11th orders of teachers.
Commerce on
unaided basis
04.09.2015
Std. 12th Arts
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Additional
Division
28.10.2015
WP 1935/2026 Shrinath Vidyalaya 10.07.2008 Recommendation made for G.R.
and Junior College of sanction for grant-in-aid 02.04.2026 Sr.
Science by respondent No.4, 465
respondent No.3 and
respondent No.2 to
respondent No.1 (pg-43 to
49) but no final decision
taken by respondent No.1
WPST3661/2026 Shri Datta Shikshan Janata High School & 2010 Proposal of evaluation Government
Prasarak Mandal Jr. College, Shirol, Tq. 11th /Assessment for receiving Resolution
Shirol, Tq. Shirol Shirol, Dist. Kolhapur & grant-in-aid is pending dated 2nd April
Dist. Kolhapur 12th Science proposal dated-25.10.2014 2026
Sr. No.228
WP/2012/2026 High Education Kanya Shala and 15.10.2008 Proposal for Grant-in-aid is Sr. NO.252
Soceity, Shirala Junior College Shirala For 11th Arts & pending since 09.11.2022 Ap,pendix-A in
September G.R.
2009 for 12th dt.02.04.2026.
Arts
WP/3631/2026 Halkarni Bhag Ashok Raosaheb 15.10.2008 Proposal for Grant-in-aid is Sr. No.236
Shikshan Prasarak Desai High School For 11th pending since 2021 Appendix-A
Mandal, Halkarni and Junior College, combined arts in G.R. dt.
Terani and commerce 02.04.2026
&
11.09.2009
for 12th
WPST Janata Shikshan Nehru Vidyamandir 16.12.2009 Proposal for Grant-in-aid is Sr. No.221
3673/2026 Sanstha Katoli and Junior College For 11th pending since 2015 Appendix-A
Kotoli science in G.R. dt.
& 02.04.2026
06.10.2010
WP/2026/2026 Dnyansamwardhini Dnyansamwardhini 07.06.2003 1. Proposal for Grant-in- Sr. No. 178 in
Shikshan Sanstha, Uchcha Madhyamik aid is pending from G.R. dt.
Shirwal Vidyalaya, Shirwal October, 2024 at Director 02.04.2026
of Education.
2. The Dy. Director vide
recommendation letter
dated 8-10-2024 held that
the Petitioner-School is
eligible for grant in aid.
WP/2027/2026 Maharashtra Vikas Vidya Mandir, 01.01.2003 1. Proposal for Grant-in- Sr. No. 177 in
Shikshan Prasarak Dudhali aid is pending from 31-5- G.R. dt.
Mandal, Kolhapur 2024 at Director of 01.04.2026
Education.
2. The Dy. Director vide
recommendation letter
dated 16-5-2024 held that
the Petitioner-School is
eligible for grant in aid.
WP (ST) 3936 Distinctive Ramraje Jr. College of 2006 166 Yes
OF 2026 Education Society, Arts, Commerce &
Dapoli Science, Dapoli
WP (ST) 3947 The Atpadi Pimpiri Bk. 2003 232 Yes
OF 2026 Education Society Highschool Pimpiri
Atpadi Bk.
WP (ST) 4045 The Atpadi Valvan Highschool, 2003 233 Yes
OF 2026 Education Society Valvan
Atpadi
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WP (ST) 4005 Late Balwantrao B.H Patil Junior 2006 164 Yes
OF 2026 Patil Shikshan College, Khupire
Prasarak Mandal,
Khupire
WP (ST) 4006 Rashtriya Shikshan Madhyamik 2006 234 Yes
OF 2026 Sangh Vidyalaya,
Subhashnagar.
WP (ST) 4004 Dnyansamvardhini Dnyansamvardhini 2003 178 Yes
OF 2026 Education Society, Ucch Madhyamik
Shirwal Vidyalay, Shirwal.
From these details, it can be seen that all these schools are having
due permissions from State Government as well as recognition from
Education Authorities. No record is available to the effect that before
disqualification of them, for consecutive three years schools failed to
satisfy the norms of assessment to receive grant-in-aid. The institutions
are imparting education. The institutions are functioning for several
years. Therefore, before taking a drastic action against them, without
granting opportunity of hearing, is certainly illegal in the facts and
circumstances of the matter.
4. It is pertinent to note that this Court has already considered an
identical issue in Writ Petition No. 1932 of 2026 and other connected
matters decided on 29th April 2026. This Court has specifically recording
finding in paragraph nos. 14 to 17 which will be relevant in the present
petitions also. The same are reproduced as under :
14. It is noted by us that by these Government Resolutions, most of the school
from 433 Primary Schools and 324 Secondary Schools are providing the education in
Marathi medium at various places and more particularly, in rural areas are likely to be
closed down by the impugned order. The State Government at one hand is insisting
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that Marathi language should be given importance in the entire State and on the other
hand, by said action, trying to close down Marathi schools. As such, this action is not in
accordance with the object, which State is trying to achieve in the State of
Maharashtra. So also, the students, who belongs to poor family and prosecuting their
studies in Marathi Medium Schools or other Medium Schools cannot be deprived from
primary and secondary education, which the private management is trying to provide
them through their institutions.
15. At the cost of repetition, we again reiterated that while closing down the
schools, various factors are required to be considered by the State Government. Such
as, whether the schools can be converted as the Self-Finance Schools by the direction
under the Government Resolution, particularly when provisions of Self-Finance Act is
having altogether different procedure to grant permission. Secondly, whether the
teaching and non-teaching staff working in the Marathi Primary and Secondary
Schools can be absorbed in the Self-Finance School, particularly there is no provisions
of absorption of staff working in non grant-in-aid school. Thirdly, if the students, those
are in large numbers can be accommodated in the nearby schools, particularly, when in
the rural and remote area, there are no sufficient schools for the students to prosecute
their studies. Whether the medium in which students are prosecuting their studies can
be continued in same medium in other schools. However, these facts are totally
ignored by the State Government while taking this decision. Therefore, in our
considered opinion, it is absolutely necessary for the Government to conduct the
individual hearing of each schools before taking any drastic action against them by at
least adopting the procedure which is contemplated under the Government Resolution
dated 15.11.2011.
16. It would be relevant to refer the judgment of Hon’ble Supreme Court of India
in the case of S.G. Jaysinghani Vs. Union of India reported in AIR 1967 SC 1427. The
Hon’ble Supreme Court has specifically observed in this judgment that in a system
governed by rule of law, discretion, when conferred upon the executing authorities,
must be confined within clearly defined limits. The decision should be made by
application of known principles and rules and, in general, such decisions should be
predictable and the citizens should know where he is. If a decision is taken without any
principle or without any rule, it is unpredictable and such decision is the antithesis of a
decision taken in accordance with the Rule of law. It would be relevant to refer the
paragraph No.14 in this regard, wherein observation made by the Hon’ble Supreme
Court as under.
“14. In this context it is important to emphasize that the absence of
arbitrary power is the first essential of the rule of law upon which our
whole constitutional system is based. In a system governed by rule of law,
discretion, when conferred upon executive authorities, must be confined
within clearly defined limits. The rule of law from this point of view
means that decisions should be made by the application of known
principles and rules and, in general, such decisions should be predictable
and the citizen should now where he is. If a decision is taken without any
principle or without any rule it is unpredictable and such a decision is the
antithesis of a decision taken in accordance with the Rule of law. (See
Dicey Law of the Constitution -10th Edn., Introduction ex). "Law has
reached its finest moments," stated Douglas, J. in United States v.
Wunderuck, "when it has freed man from the unlimited discretion of some
ruler.... Where discretion, is absolute, man has always suffered". It is in
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this sense that the rule of law may be said to be the sworn enemy of
caprice. Discretion, as Lord Mansfield slated it in classic terms in the case
of John Wilkes, "means sound discretion guided by law. It must be
governed by Rule, not by humour: it must not be arbitrary, vague, and
fanciful.”
17. In view of this decision of the Hon’ble Supreme Court and subsequent catena of
judgment, it is time and again held that any adverse order passed by the Government,
though need not contain the reasons like the Court order but, it must contain reasons
to disclose as to how they arrived at such decision showing application of mind. As
such, appropriate reasons are necessary for a valid order in support of action or
decision taken by the authority or by the State.”
4. In light of the above findings recorded in Writ Petition No. 1932 of
2026 along with other connected petitions, we allow the present writ
petitions by relying upon the same reasons recorded therein.
5. In the light of the above, it is made clear that the Government
Resolutions dated 01.04.2026 and 02.04.2026 would not be applicable to
the extent of petitioners. Government is hereby directed to delete the
names of petitioners’ institutions from the list of the schools which is
published along with the Government Resolution dated 01.04.2026 and
02.04.2026.
6. Needless to mention that the petitioners would continue their
respective schools and no action as contemplated under the Government
Resolutions dated 01.04.2026 and 02.04.2026 can be initiated against
them in the matter.
7. In terms of above directions, the writ petitions stand disposed of.
No order as to costs.
[Pravin S. Patil, J.] [Madhav J. Jamdar, J.]
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