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2026 DAILYLAW 1612 (BOM)

JANATA SHIKSHAN PRASARAK MANDAL THR ITS PRESIDENT AND ANR v. THE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND ORS

WP/5194/2026 · 2026-08-11

body2026

Judgment text

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{1} wp5194-26.doc 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 : 11 th 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, 2026:BHC-AUG:35130-DB {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 29th 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 2nd 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