Bombay High Court Questions State's Decision Disqualifying 757 Marathi Schools From Grant-In-Aid, Says Move Undermines Push For Language

The Bombay High Court recently criticised the Maharashtra Government for on one hand insisting to give importance to Marathi language and on the other hand attempting to shut down Marathi medium schools by issuing two Government Resolutions (GRs) on April 1 and April 2 this year, permanently disqualifying several unaided primary and secondary schools from receiving grant-in-aid.Sitting at the Kolhapur bench, a division bench of Justice Madhav Jamdar and Justice Pravin Patil noted that the two GRs would affect over 433 Primary Schools and 324 Secondary Schools across Maharashtra and most of these schools are imparting education in Marathi medium at various places and more particularly in rural areas. With these GRs, the judges said that most such Marathi medium schools situated in rural areas in the State would be shut down. "The State Government at one hand is insisting that Marathi language should be given importance in the entire State and on the other hand, by said action, trying to close down Marathi schools. As such, this action is not in accordance with the object, which State is trying to achieve in the State of Maharashtra. So also, the students, who belongs to poor family and prosecuting their studies in Marathi Medium Schools or other Medium Schools cannot be deprived from primary and secondary education, which the private management is trying to provide them through their institutions," the judges held in the order passed on April 29.The judges highlighted the fact that while closing down the schools, various factors are required to be considered by the State such as, whether the schools can be converted as the Self-Finance Schools by the direction under the GR, particularly when provisions of Self-Finance Act is having altogether different procedure to grant permission. Secondly, whether the teaching and non-teaching staff working in the Marathi Primary and Secondary Schools can be absorbed in the Self-Finance School, particularly there is no provisions of absorption of staff working in non grant-in-aid school."Thirdly, if the students, those are in large numbers can be accommodated in the nearby schools, particularly, when in the rural and remote area, there are no sufficient schools for the students to prosecute their studies. Whether the medium in which students are prosecuting their studies can be continued in same medium in other schools. However, these facts are totally ignored by the State Government while taking this decision. Therefore, in our considered opinion, it is absolutely necessary for the Government to conduct the individual hearing of each school before taking any drastic action against them," the bench opined. The bench was hearing a clutch of petitions challenging the two GRs which declared 433 primary schools and 324 secondary schools permanently disqualified from grant-in-aid and directed them to apply under the Maharashtra Self-Financed Schools Act, 2012 before April 30. The GRs stated that if these schools failed to apply, their recognition would automatically stand cancelled resulting in shutting down of the schools. The bench even directed absorption of students into nearby aided or local authority schools.The petitioner schools, including two Urdu medium schools, argued tat the State before taking such a 'drastic' action did not provide them any opportunity to be heard and thus violated the principles of natural justice. The bench in its order pointed out that the State failed to bring on record if any hearing opportunity was given to the petitioners in the matter and whether if the factors as pointed above by the bench, were considered or not. "We are satisfied that the action taken under the impugned GRs dated April 1 and April 2 of closing down the primary and secondary schools without granting them opportunity of hearing is in violation of principles of natural justice, hence, both these GRs are held to be not applicable to the extent of petitioners. Government is hereby directed, to delete the names of petitioner institutions from the list of the schools which is published along with the GRs. Needless to mention that the petitioners would continue their respective schools and no action as contemplated under the GRs can be initiated against them in the matter," the bench ordered. With these observations, the bench disposed of the petitions. Appearance:Senior Advocate Narendra Bandiwadekar along with Advocates Arvind Ambetkar, Utkarsh Desai, PS Bhavake and Sagar Mane appeared for the Petitioners. Assistant Government Pleaders VM Mali, Tejas Kapre, SB Kalel and AA Naik represented the State. Case Title: Sahyadri Shikshan Sanstha vs State of Maharashtra (Writ Petition 1932 of 2026)Citation: 2026 LiveLaw (Bom) 261Click Here To Read/Download Judgment

Bombay High Court Questions State's Decision Disqualifying 757 Marathi Schools From Grant-In-Aid, Says Move Undermines Push For Language

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Bombay High Court Questions State's Decision Disqualifying 757 Marathi Schools From Grant-In-Aid, Says Move Undermines Push For Language

Narsi Benwal

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