Manawata Pragati Shikshan Sanstha, Malkapur, Thr. Secretary v. State Of Maharashtra, Thr. Secretary, Department Of School Education, Mumbai And Others

1 / 2 978.wp191.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 191 OF 2018 Manawata Pragati Shikshan Sanstha, Malkapur, Dist. Buldana Vs.

State of Maharashtra, Thru. Its Secretary, Department of School Education, Mantralaya, Mumbai and Ors.

------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. Nikhil Waghmare, Advocate h/f Mr. P.B. Patil, Advocate for petitioner.

Ms. M.S. Deshmukh, AGP for respondent Nos.1 & 2. Ms. S.S. Jachak, Advocate for respondent No.3. CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : 29.07.2025.

The petitioner is education society running Urdu Primary school. The challenge raised in the present application is to the de-recognition of the school vide impugned order dated 07.12.2017 issued by the respondent No.1 and communicated by the respondent No.2. The proposal was forwarded by respondent No.3Education Officer (Primary), Buldhana and the same was accepted by the respondent No.1.

Prity

2 / 2 978.wp191.2018 2.

The main thrust of the petitioner is that no hearing was granted to the petitioner-society before passing such order.

3.

Ms. Jachak, learned counsel for respondent No.3 fairly states that the hearing was not granted to the petitioner/society before issuing impugned order. Thus, we have no hesitation to hold that the impugned order suffers from compliance of principles of natural justice and thus it vitiates.

4.

Accordingly, we allow the writ petition and thereby quashed and set aside the order dated 07.12.2017 issued by the respondent No.1. We further granted liberty to the respondent No.1 to pass a fresh order, if so desire after following the due process of law and the principles of natural justice.

(Vrushali V. Joshi, J.) (Anil S. Kilor, J.) Prity