Bombay High Court
SIDDHARTHA SHIKSHAN PRASARAK MANDAL THR ITS PRESIDENT SHRAVAN BHUJANG GAIKWADversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed, and the petitioner is directed to file a fresh application for registration.
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under Sections 52(2) and 52(3) of the Rights of Persons with Disabilities Act, 2016 to run a Matimand school, which was revoked by the Commissioner on 27 May 2019.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 for over seven years and therefore chose to dispose of the petition without reaching the merits, directing the petitioner to file a fresh application for registration. The writ petition was consequently dismissed.
Issues considered
- Whether the revocation order and the subsequent appellate order were passed in violation of the principles of natural justice by denying a hearing to the petitioner.
- Whether the writ petition should be entertained on its merits given the prolonged non‑operation of the school.
Legislation cited
- Rights of Persons with Disabilities Act, 2016 — s. 52(2), 52(3), 54
Subjects
- Rights of Persons with Disabilities Act
- registration certificate
- revocation
- natural justice
- right to hearing
- writ petition
- education for persons with disabilities
Judgment
2026:BHC-AUG:43896
1 8(iii).WP-4552-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4552 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,
Sangam Niwasi Matimand Vidyalaya, Hipparga, Tq. Mukhed, District
Nanded, came to be revoked by the Commissioner for Persons with
Disabilities vide order dated 27.05.2019. 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(iii).WP-4552-2022.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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