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2026 DAILYLAW 6435 (BOM)

CHATRAPATI SHIVAJI SHIKSHAN PRASARAK MANDAL THR. ITS CHAIRMAN JANARDAN A. PATIL v. THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS

WP/11813/2026 · 2026-09-03

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Judgment text

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907- 7-wpst 12924.2026 with group petitions.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.12924 OF 2026 Vanai Bahuddeshiya Vikas Sanstha ...Petitioner Versus The State of Maharashtra ...Respondents WITH WRIT PETITION NO.11765 OF 2026 WITH WRIT PETITION (ST) NO.12901 OF 2026 WITH WRIT PETITION (ST) NO.19111 OF 2026 WITH WRIT PETITION (ST) NO.19193 OF 2026 WITH WRIT PETITION NO.11421 OF 2026 WITH WRIT PETITION NO.11423 OF 2026 WITH WRIT PETITION NO.11424 OF 2026 WITH WRIT PETITION NO.11422 OF 2026 WITH WRIT PETITION (ST) NO.25755 OF 2026 (NOB) WITH WRIT PETITION (ST) NO.18333 OF 2026 (NOB) WITH WRIT PETITION (ST) NO.17131 OF 2026 (NOB) ---------- 1/5 JITENDRA SHANKAR NIJASURE Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.09.05 11:06:37 +0530 907- 7-wpst 12924.2026 with group petitions.doc Sr.No.907 Mr. Vidyasagar Bhave i/by Talekar & Associates, Adv. For the Petitioner. Smt. Vaishali S. Nimbalkar, AGP for Respondent – State in WP (St.) 12924/2026. Mr. Vikas M. Mali, AGP for Respondent – State in WP 11765/2026. Mr. S.H. Kankal, AGP for Respondent – State in WP(St) 12901/2026. Mr. A.K. Naik, AGP for WP (St.) 19111/2026. Mrs. Priyanka B. Chavan, AGP for Respondent – State in WP(St.) 19193/2026. Sr.No.7 Mr. Vidyasagar Bhave i/by Talekar & Associates, Adv. For the Petitioner. Mr. P.P. Kakade, Addl. GP with Ms. Priyanka B. Chavan, AGP for Respondent – State in WP 11421/2026. Mr. P.P. Kakade, Addl. GP with Ms. M.P. Thakur, AGP for Respondent – State in WP 11423/2026. Mr. P.P. Kakade, Addl. GP with Mr. V.G.Badgujar, AGP for Respondent – State in WP 11424/2026. Mr. P.P. Kakade, Addl. GP with Smt. D.S.Deshmukh, AGP for Respondent – State in WP 11422/2026. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 3RD SEPTEMBER 2026. 1. The Writ Petition (St.) Nos.25755 of 2026, 18333 of 2026 and 17131 of 2026 are not on board. Taken on board. 2. These Writ Petitions along with the above Writ Petitions have sought the same challenge which had been sought in Writ Petition No.5476 of 2026 along with companion Petitions namely challenging the Government Resolutions dated 1st April 2026 and 2nd April 2026 by which the Respondent – State had disqualified the 2/5 907- 7-wpst 12924.2026 with group petitions.doc Petitioners – Primary Secondary and Higher Secondary School from receiving grant-in-aid from the State of Maharashtra, in view of these schools failing to satisfy norms of assessments and directed them to submit applications under the provisions of the Maharashtra Self- Finance Schools (Establishment and Regulation) Act, 2012 (“Self Finance Act”)on or before 30th April 2026. Further, by the said Government Resolutions the managements/schools upon failure to submit their applications on or before 30th April 2026, their recognition shall stand cancelled automatically and the students in such schools will be absorbed into nearby grant-in-aid schools or other schools run by local authorities. 3. The Writ Petition No.5476 of 2026 along with companion Writ Petitions have been disposed of by order dated 24th August 2026. This Court has followed the judgment of this Court (Circuit Bench at Kolhapur) dated 29th April 2026 and which in then followed the Order passed by this Court Bench at Aurangabad. These Petitions have been allowed by holding that the said Government Resolutions are not applicable to the extent of the Petitioner’s in that the action taken thereunder for closing down the aforesaid Petitioners - Schools, was without granting them an opportunity of 3/5 907- 7-wpst 12924.2026 with group petitions.doc hearing and thus in violation of the principles of natural justice. The Respondent – State was accordingly directed to delete the names of Petitioners – Schools from the list of schools which was published along with said Government Resolutions. In the said Order dated 24th August 2026 passed by this Court, the statement made on behalf of the Respondent – State viz. that the Respondent – State will grant hearing to the Petitioners – Schools and the hearing will be fixed shortly was accepted. 4. We accordingly follow the aforesaid decisions, and declare that the action of closing down the Petitioners - Schools is without granting an opportunity of hearing and in violation of principles of natural justice. These Government Resolutions are accordingly not applicable to the present Petitioners. 5. The Respondent – State is directed to grant hearing to the Petitioners - Schools and issue them notice to appear on the scheduled date fixed for the hearing. The decision taken by the Respondent – State in respect of the present Petitioners - Schools shall be communicated to them within a period of one week from taking of the decision which decision shall be taken in accordance with law. 4/5 907- 7-wpst 12924.2026 with group petitions.doc 6. Needless to mention that the Petitioners - Schools would continue their respective schools and no action as contemplated under the Government Resolutions dated 1st April 2026 and 2nd April 2026 shall be initiated against them. 7. The present Writ Petitions are accordingly disposed of on these terms. There shall be no order as to costs. [ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ] 5/5