Bombay High Court

JANATA SHIKSHAN PRASARAK MANDAL THR ITS PRESIDENT AND ANRversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND ORS

Disposal: DISPOSED OFF

Holding

The closure and disqualification order is void for violation of natural justice and is not applicable to the petitioners.

Summary

The Janata Shikshan Prasarak Mandal (Petitioners) challenged a Government Resolution dated 2 April 2026 that disqualified its secondary school from receiving grant‑in‑aid and ordered its closure without giving the institution a hearing. The petition raised the question of whether the State’s action violated the principles of natural justice. The High Court noted that the same issue had already been decided on merits by a Kolhapur Circuit Bench in Writ Petition No. 1932 of 2026 and related matters, which held the closure order invalid for lack of a hearing. Accordingly, the Court declared the impugned resolution inapplicable to the Petitioners, directed the Government to delete the institution’s name from the published list, and ordered that no further action be taken against it. The rule was made absolute, thereby granting relief to the Petitioners.

Issues considered

Whether the State Government’s resolution to disqualify the school from grant‑in‑aid and close it without a hearing violates the principles of natural justice.

Subjects

natural justice
grant‑in‑aid
school closure
administrative law
writ petition

Judgment

2026:BHC-AUG:35130-DB


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                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                  WRIT PETITION NO.5194 OF 2026

                 Janata Shikshan Prasarak Mandal
                 Through its President and Another                     PETITIONERS

                        VERSUS

                 The State of Maharashtra and Others                  RESPONDENTS

                                                .......
                 Mr. V. H. Dighe, Advocate for the Petitioners
                 Mr. V. M. Kagne, AGP for Respondent - State
                                                ....…

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                      DATE : 11th AUGUST, 2026

                 ORDER:

                 1.     Rule. Rule is made returnable forthwith. Heard finally at

                 the admission stage.


                 2.     Challenge raised in this Petition is to the Government

                 Resolution dated 2nd April, 2026, whereby the State Government

                 has taken a decision to disqualify the Petitioner Institution from

                 receiving grant in aid on the ground that it repeatedly failed to

                 comply with the norms prescribed to receive grant in aid from

                 the State Government.


                 3.     The issue raised in this Writ Petition is no more res integra,
                               {2}                    wp5194-26.doc

as the same is decided on merits by this Court (Coram : Madhav

S. Jamdar and Pravin S. Patil, JJ) at Circuit Bench, Kolhapur in

Writ Petition No.1932 of 2026 and connected Writ Petitions, by a

detailed order passed on 29th April, 2026. The said order is

followed by the same Bench in Writ Petition No. 1971 of 2026

and connected matters, which were decided on 8th May, 2026.


4.    For the reasons recorded in the order dated 29 th April,

2026, the Writ Petition is allowed in the following terms:


     I.   It is hereby declared that the action taken under the
          impugned Government Resolution dated 2nd April, 2026,
          of closing down the secondary school, without granting
          them opportunity of hearing, is in violation of the
          principles of natural justice. Hence, the Government
          Resolution is held to be not applicable to the extent of
          the Petitioners.

     II. The Government is hereby directed to delete the name
         of the Petitioner institution from the list of schools,
         which is published along with the Government
         Resolution dated 2nd April, 2026.

     III. Needless to mention that the Petitioners would continue
          their school and no action as contemplated under the
          Government Resolution dated 2 nd April, 2026 be
          initiated against them.


     IV. Rule is made absolute in above terms.



[ ABASAHEB D. SHINDE ]                 [ NITIN B. SURYAWANSHI ]
         JUDGE                                    JUDGE
drp/wp5194-26.doc

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