Bombay High Court

SIDDHARTH SHIKSHAN PRASARAK MANDAL THR ITS PRESIDENT SHRAVAN BHUJANG GAIKWADversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court dismissed the writ petition, granting the petitioner liberty to reapply for registration, without deciding the merits of the earlier orders.

Summary

The petitioner, Siddharatha 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Sections 52(2) and 52(3) of the Rights of Persons with Disabilities Act, 2016 to run a deaf‑and‑dumb school, which was revoked by the Commissioner on 20 May 2019. The petitioner appealed the revocation under Section 54 of the Act to the State Minister, but the appeal was dismissed on 3 December 2021. The petitioner contended that the appellate order was passed without a proper hearing, despite the order stating otherwise. The Court observed that the school has remained non‑functional since 17 May 2019, a period of over seven years, and therefore chose to dispose of the petition without addressing the merits, granting the petitioner liberty to file a fresh application for registration. The petition was consequently dismissed.

Issues considered

Whether the revocation order and the subsequent appellate order violated the principles of natural justice by denying a hearing to the petitioner.
Whether the writ petition can be entertained on its merits given the prolonged period of non‑operation of the school.
Whether the petitioner should be allowed to make a fresh application for registration instead of pursuing 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
right to hearing
revocation order
writ petition
fresh application

Judgment

2026:BHC-AUG:43893

                                          1                         8(i).WP-4551-2022.doc



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             WRIT PETITION NO. 4551 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 deaf and dumb school,
              namely, Late Bhujangrao Niwasi Muk-Badhir Vidyalaya, Jalkot,
              District Latur, came to be revoked by the Commissioner for Persons
              with Disabilities vide order dated 20.05.2019. 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(i).WP-4551-2022.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 Deaf and Dumb 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




NAJEEB..

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