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
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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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