Bombay High Court
SIDDHARTHA SHIKSHAN PRASARAK MANDAL THR ITS PRESIDENT SHRAVAN BHUJANG GAIKWADversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed with liberty to the petitioner to file a fresh application for registration, without deciding the merits of the earlier orders.
Summary
The petitioner, Siddhartha Shikshan Prasarak Mandal, had a registration certificate under Sections 52(2) and 52(3) of the Rights of Persons with Disabilities Act, 2016 to run a Matimand school, which was revoked by the Commissioner on 22 May 2019. An appeal under Section 54 of the same Act before the State Minister was dismissed on 3 December 2021. The petitioner challenged both orders, alleging that the appellate order was passed without a proper hearing. The Court observed that the school has remained non‑functional since the revocation, a period exceeding seven years, and therefore found it unnecessary to adjudicate the merits. Instead, the Court disposed of the writ petition, granting the petitioner liberty to file a fresh application for registration of a new school, which will be considered on its own merits.
Issues considered
- Whether the revocation order and the subsequent appellate order were passed without affording the petitioner a fair hearing in violation of natural justice.
- Whether the petitioner is entitled to relief despite the school having remained non‑functional for over seven years.
- Whether the appropriate remedy is to direct the petitioner to re‑apply for registration rather than entertain the present petition.
Legislation cited
- Rights of Persons with Disabilities Act, 2016 — s. 52(2), 52(3), 54
Subjects
- registration certificate
- Rights of Persons with Disabilities Act
- natural justice
- hearing
- revocation
- appeal
- writ petition
- education for persons with disabilities
- re‑application
Judgment
2026:BHC-AUG:43897
1 8(ii).WP-4550-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4550 OF 2022
SIDDHARTHA SHIKSHAN PRASARAK MANDAL
THR ITS PRESIDENT SHRAVAN BHUJANG GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Advocate for the Petitioner : Mr. Murkute J.M.
Advocate for Respondent No.4 : Mr. Tandale Pradeepkumar R.
AGP for Respondents/State : Mr. D. B. Bhange
…
CORAM : ROHIT W. JOSHI, J.
DATE : 24 th SEPTEMBER 2026
PER COURT :
1. Registration Certificate granted to the Petitioner under
Section 52(2) and (3) of the Rights of Persons with Disabilities Act,
2016, permitting the Petitioner to run a Matimand School, namely,
Sant Dnyaneshwar Niwasi Matimand Vidyalaya, Jalkot, District Latur,
came to be revoked by the Commissioner for Persons with Disabilities
vide order dated 22.05.2019. The said order was challenged by the
Petitioner in an appeal preferred under Section 54 of the said Act
before the Hon'ble Minister. The appeal came to be dismissed by
order dated 03.12.2021. Both the aforesaid orders are the subject
matter of challenge in the present petition.
2. It is not in dispute that, since 17.05.2019, i.e. the date on
2 8(ii).WP-4550-2022.doc
which the order revoking the registration came to be passed, the
school has not been functioning. The contention of the learned
Advocate for the Petitioner is that the appellate order was passed
without affording an opportunity of hearing to the Petitioner,
although the order records that it is passed after Petitioner was
heard.
3. In the considered opinion of this Court, since the school is
not functioning since 17.05.2019 and more than seven years and
three months have elapsed thereafter, it would be appropriate,
instead of deciding the petition on merits, to dispose of the petition
with liberty to the Petitioner to apply afresh for registration to run a
new Matimand School. In the event such an application is filed, the
same shall be considered on its own merits and in accordance with
law, without being influenced by the impugned orders.
4. With this, the Writ Petition is disposed of.
ROHIT W. JOSHI
JUDGE
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