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Bombay High Court

SATPUDA FOUNDATION THR ITS PRESIDENT AND ANRversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS

Disposal
DISPOSED OFF

Holding

The Government Resolutions dated 1 April 2026 and 2 April 2026 are void insofar as they affect the petitioners because they were issued without affording a hearing, violating natural justice.

Summary

The State of Maharashtra issued resolutions on 1 April 2026 and 2 April 2026 disqualifying several private educational institutions from receiving grant‑in‑aid and ordering the closure of their schools without affording any hearing. The affected institutions filed writ petitions challenging the validity of those resolutions on the ground of violation of natural justice. The High Court noted that the matter had already been decided on merits by a Kolhapur circuit bench in Writ Petition No. 1932 of 2026 and related petitions, which held the resolutions unlawful. Relying on that precedent, the Court declared the resolutions void insofar as they affect the petitioners because they were passed without a hearing, thereby breaching the principles of natural justice. Consequently, the Court ordered the deletion of the petitioners’ names from the list of schools published with the resolutions and directed that no action be taken against them. The writ petitions were allowed, allowing the institutions to continue operating their schools.

Issues considered

  • Whether the Government Resolutions disqualifying institutions from grant‑in‑aid and ordering school closures were valid despite the absence of a hearing.
  • Whether the failure to provide an opportunity of hearing violates the principles of natural justice.

Subjects

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

Judgment

2026:BHC-AUG:39089-DB


                                             {1}                   901-wp-10834-2026

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                             901 WRIT PETITION NO. 10834 OF 2026

                   Nutan Mahila Sarvoday Balvikas Sanstha Pachora Through Its
                       President Sau. Madhavi Prataprao Taware And Another
                                             VERSUS
                               The State Of Maharashtra And Others
                                                ...
              Mr. Sanket Sonawane h/f Mr. P.D. Bachate, Advocate for the Petitioners
              Mr. M.K. Goyanka, AGP for State

                             928 WRIT PETITION NO. 5258 OF 2026

               Janata Vidya Prasarak Sanstha Dhule Through Its President Manohar
                                      Gorakh Patil & Another
                                             VERSUS
                               The State Of Maharashtra And Otherrs
                                                ...
              Mr. Sanket Sonawane h/f Mr. P.D. Bachate, Advocate for the Petitioners
              Mr. B.B. Bhise, AGP for State

                             929 WRIT PETITION NO. 5259 OF 2026

                Alkavi Education And Welfare Society Through Its Secretary Ayyub
                                  Khan Dalmir Khan And Another
                                             VERSUS
                               The State Of Maharashtra And Others
                                                ...
              Mr. Sanket Sonawane h/f Mr. P.D. Bachate, Advocate for the Petitioners
              Mr. N.D. Batule, AGP for State

                             930 WRIT PETITION NO. 5263 OF 2026

                  Satpuda Foundation Through Its President Sayyed Zakir Sayyed
                                     Mehboob And Another
                                            VERSUS
                             The State Of Maharashtra And Others
                                                ...
              Mr. Sanket Sonawane h/f Mr. P.D. Bachate, Advocate for the Petitioners
              Mr. M.K. Goyanka, AGP for State
                               {2}                  901-wp-10834-2026

                  WRIT PETITION NO. 4787 OF 2026

   Shri Sant Dnyaneshwar Maharaj Krida Sanskrutik Va Shaikshanik
    Mandal Through its President Prashant Suresh Naik And Another
                                  VERSUS
                   The State Of Maharashtra And Others
                                     ...
Mr. Vijay B. Patil, Advocate for the Petitioners
Ms. Neha Kamble, AGP for State

                 WRIT PETITION NO. 4786 OF 2026

     Parvatadevi Apang Shikshan And Prashikshan Prasarak Mandal
        Through its President Shantaram Tukaram Patil & Another
                                  VERSUS
                   The State Of Maharashtra And Others
                                     ...
Mr. Vijay B. Patil, Advocate for the Petitioners
Mr. B.B. Bhise, AGP for State

                                .......

                      CORAM : NITIN B. SURYAWANSHI AND
                               ABASAHEB D. SHINDE, JJ.


                         DATE : 28th AUGUST, 2026
PER COURT :

1.   Writ Petition Nos. 4787 of 2026 and 4786 of 2026 are not board.

Upon mentioning same are taken on board.


2.   Challenge raised in these Petitions is to the Government

Resolutions dated 1st April, 2026 and 2nd April, 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 to receive grant
                                  {3}                    901-wp-10834-2026

in aid from the State Government.


3.      The issue raised in all these Writ Petitions is no more res

integra, 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 29th April, 2026

these Writ Petitions are allowed in the following terms:


I.    It is hereby declared that the action taken under the
      impugned Government Resolutions dated 1 st April, 2026 and
      2nd April, 2026, of closing down the primary, secondary and
      higher   secondary     schools,    without    granting    them
      opportunity of hearing, is in violation of the principles of
      natural justice. Hence, both these Government Resolutions
      are held to be not applicable to the extent of the Petitioners.


II.   The Government is hereby directed to delete the names of
      the Petitioners’ institutions from the list of schools, which is
      published along with the Government Resolutions dated 1 st
      April, 2026 and 2nd April, 2026.
                                    {4}                  901-wp-10834-2026

III. Needless to mention that the Petitioners would continue
        their respective schools and no action as contemplated
        under the Government Resolutions dated 1 st April, 2026 and
        2nd April, 2026 be initiated against them.




(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde


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