ALFALAHA WELFARE EDUCATION SOCIETY THR ITS SECRETARY NOOR KHAN v. THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS
WP/11702/2026 · 2026-09-08
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7872 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7872 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 71-WP-11702-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11702 OF 2026 ALFALAHA WELFARE EDUCATION SOCIETY, THROUGH ITS SECRETARY VERSUS THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ... Mr. Pralhad D. Bachate, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondents/State ...
CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ.
DATE : 08th SEPTEMBER, 2026 PER COURT :
1. Challenge raised in this petition 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 from receiving grant in aid on the ground that the petitioner repeatedly failed to comply with the norms prescribed to receive grant in aid from the State Government.
2. The issue raised in this Writ Petition 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 SVH 2026:BHC-AUG:41501-DB
2 71-WP-11702-26.odt matters, which were decided on 8th May, 2026.
3. 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 primary, secondary and higher secondary schools, without granting them opportunity of hearing, is in violation of the principles of natural justice. Hence, this Government Resolution is held to be not applicable to the extent of the Petitioner. 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 Petitioner would continue their respective school and no action as contemplated under the Government Resolution dated 2nd April, 2026 be initiated against it.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH