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2026 DAILYLAW 19902 (BOM)

MITHUN MADHUKARRAO SHINGARE v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETAR EDUCATION DEPARTMENT AND OTHERS

WP/5189/2026 · 2026-10-07

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Judgment text

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1 301-WP-5189-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 301 WRIT PETITION NO. 5189 OF 2026 MITHUN MADHUKARRAO SHINGARE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY EDUCATION DEPARTMENT AND OTHERS ... Mr. Amol Ratan Gaikwad, Advocate for the Petitioner Mr. S. R. Wakle, AGP for Respondents/State Mr. Kuldeep R. Choudhari, Advocate for Respondent Nos.4 & 5 ... 302 WRIT PETITION NO. 5221 OF 2026 AMOL ROHIDAS WAGHMARE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY EDUCATION DEPARTMENT AND OTHERS ... Mr. Amol Ratan Gaikwad, Advocate for the Petitioner Ms. N. B. Kamble, AGP for Respondents/State Mr. Kuldeep R. Choudhari, Advocate for Respondent Nos.4 & 5 ... 303 WRIT PETITION NO. 5228 OF 2026 SANJAY GULABRAO GAIKWAD VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY EDUCATION DEPARTMENT AND OTHERS ... Mr. Amol Ratan Gaikwad, Advocate for the Petitioner Mr. S. K. Tambe, AGP for Respondents/State Mr. Kuldeep R. Choudhari, Advocate for Respondent Nos.4 & 5 ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 07th OCTOBER, 2026 PER COURT : 1. Challenge raised in these Petitions is to the Government Resolutions dated 1st April, 2026 and 2nd April, 2026, whereby the SVH 2026:BHC-AUG:47687-DB 2 301-WP-5189-26.odt 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 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. 3. 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 1st 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, SVH 3 301-WP-5189-26.odt 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.) SVH