Bombay High Court
GORAKSH MITTHURAO DHAKNE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY ADN OTHERS
- Disposal
- DISPOSED OFF
Holding
The resolutions are void insofar as they affect the petitioners because they were issued without granting a hearing, violating natural justice.
Summary
The petitioners, a group of educational institutions, challenged two Government Resolutions dated 1 April 2026 and 2 April 2026 that disqualified them from receiving grant‑in‑aid and ordered the closure of their primary, secondary and higher‑secondary schools without granting any hearing. The High Court noted that the same issue had already been decided on merits by the Kolhapur Circuit Bench in Writ Petition No. 1932 of 2026 and related matters in Writ Petition No. 1971 of 2026. Relying on those decisions, the Court held that the resolutions were violative of the principles of natural justice because the petitioners were denied an opportunity of being heard. Consequently, the Court declared the resolutions inapplicable to the petitioners and directed the State to delete their names from the published list of schools. The petition was allowed, allowing the institutions to continue operating without any action under the challenged resolutions.
Issues considered
- Whether the Government Resolutions disqualifying the petitioners from grant‑in‑aid and ordering school closures, without affording a hearing, violate the principles of natural justice.
- Whether the resolutions are legally enforceable against the petitioners.
Subjects
- natural justice
- grant-in-aid
- government resolution
- school closure
- procedural fairness
- writ petition
- high court
Judgment
2026:BHC-AUG:40084-DB
1 5.WP.6080.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6080 OF 2026
GORAKSH MITTHURAO DHAKNE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
SECRETARY AND OTHERS
...
Advocate for the Petitioners : Mr. Bramhankar Rakesh C.
AGP for Respondent/State : Ms. Neha B. Kamble
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 01.09.2026
PER COURT:
1. Challenge raised in this Petition 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-
in-aid from the State Government.
2. The issue raised in this Writ Petition 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
2 5.WP.6080.26.odt
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.
3. For the reasons recorded in the order dated 29th April, 2026 this
Writ Petition is 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 Petitioner institutions from the list of schools,
which is published along with the Government Resolutions
dated 1st April, 2026 and 2nd April, 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.)
habeeb/
Checking your session…