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Bombay High Court

JAI JAGDAMBA SHIKSHAN PRASARAK MANDAL HINGOLIversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY SCHOOL EDUCATION AND OTHER.

Disposal
DISPOSED OFF

Holding

The resolutions dated 1 April and 2 April 2026 are void to the extent 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 and 2 April 2026 disqualifying several private educational institutions from receiving grant‑in‑aid and ordering the closure of their primary, secondary and higher‑secondary schools without affording any hearing. The institutions filed writ petitions challenging the resolutions on the ground of violation of natural justice. The High Court noted that the same issues had been decided on merits by the Circuit Bench, Kolhapur in Writ Petition No. 1932 of 2026 and related matters, which held that the resolutions were illegal for denying a hearing. Accordingly, the Court declared the resolutions inapplicable to the petitioners, directed the government to delete their names from the published list, and ordered that no action be taken against the schools. The petitions were therefore allowed, allowing the schools to continue operating. The judgment re‑affirms the requirement of a fair hearing before administrative action that affects rights.

Issues considered

  • Whether the Government Resolutions disqualifying the institutions from grant‑in‑aid and ordering school closures were violative of the principles of natural justice.
  • Whether the resolutions are void for failure to provide a hearing to the affected institutions.

Subjects

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

Judgment

2026:BHC-AUG:33468-DB


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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               40 WRIT PETITION NO. 6963 OF 2026

                        Jai Jagdamba Shikshan Prasarak Mandal Hingoli
                                           VERSUS
                     The State Of Maharashtra Through Its Secretary School
                                     Education And Other.
                                              ...
                Mr. Chandrakant K. Shinde, Advocate for the Petitioner
                Mr. A. M. Phule, AGP for Respondents/State
                                              ...
                             42 WRIT PETITION NO. 6966 OF 2026
                 Gram Vikas Shikshan Mandal Mangrul Through Its President
                                  Shasini A Patil And Another
                                            VERSUS
                  The State Of Maharashtra Through Its Secretary And Others
                                               ...
                Mr. Chandrakant K. Shinde, Advocate for the Petitioner
                Mr. S. R. Wakle, AGP for Respondents
                                               …
                             43 WRIT PETITION NO. 6969 OF 2026
                H B P Narayandeo Shikshan Prasarak Mandal Takali Through Its
                                    Joint Secretary And Anr
                                            VERSUS
                    The State Of Maharashtra Through Its Secretary And Ors
                                               ...
                Mr. Chandrakant K. Shinde, Advocate for the Petitioner
                Mr. N. D. Batule, AGP for Respondents/State
                                               ...
                             47 WRIT PETITION NO. 7021 OF 2026
                           Laxmi Shikshan Prasarak Mandal Lingadari
                                            VERSUS
                    The State Of Maharashtra Through School Education And
                                             Others
                                               ...
                Mr. Chandrakant K. Shinde, Advocate for the Petitioner
                Mr. N. S. Tekale, AGP for Respondents/State

                Narwade
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                               …
                              AND
               WRIT PETITION NO. 8920 OF 2026 (NOB)

    Shrigonda Taluka Krishi Seva Sangh through Its President
                            VERSUS
             The State Of Maharashtra And Others
                               ...
Mr. Rahul B. Temak, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
                               …
                              AND
           WRIT PETITION NO. 8921 OF 2026 (NOB)

    Shrigonda Taluka Krishi Seva Sangh through Its President
                            VERSUS
             The State Of Maharashtra And Others
                               ...
Mr. Rahul B. Temak, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
                               ...

                       CORAM : NITIN B. SURYAWANSHI &
                               ABASAHEB D. SHINDE, JJ.
                       DATE : 31st JULY 2026

P. C. :-

1.         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 in aid from the State Government.

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

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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 29 th 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 8 th

May, 2026.

3.        For the reasons recorded in the order dated 29 th 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 Petitioner-institutions from the list of schools,


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      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 1st

      April, 2026 and 2nd April, 2026 be initiated against them.




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




Narwade


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