Bombay HC stays two govt resolutions on derecognition of ‘ineligible’ schools

Chhatrapati Sambhajinagar: The Aurangabad bench of the Bombay high court on April 30 stayed the implementation of two govt resolutions issued by Maharashtra govt that sought to derecognise private primary, secondary and higher secondary schools declared "ineligible" under revised evaluation norms, providing interim relief to many institutions across the state.The interim relief was granted while hearing a batch of writ petitions filed by private educational institutions challenging the govt resolutions (GRs) dated April 1, 2026 (for primary schools) and April 2, 2026 (for secondary and higher secondary schools), issued by the school education and sports department.Under the revised norms, permanently unaided but govt-recognised private schools were evaluated for eligibility to receive salary grants. While eligible schools were to continue receiving grants, the GRs stipulated automatic cancellation of recognition for those declared ineligible. Around 433 schools and divisions of 33 schools were categorised as "not eligible", with nearly 750 institutions affected statewide.The resolutions also required such schools to seek fresh registration under the Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012, by April 30, 2026, warning that failure to do so would result in automatic derecognition.Appearing for the petitioners, advocates C K Shinde, Pradnya Talekar, V S Panpatte and senior counsel S B Deshpande argued that the institutions had already been granted recognition under the Bombay Primary Education Rules, 1949, and the Secondary School Code, which continue to govern them. They contended that the state cannot compel re-registration under the 2012 Act without following existing statutory provisions.The petitioners further argued that any withdrawal of recognition must adhere strictly to procedures laid down under the 1949 Rules or the Secondary School Code, and cannot be enforced through executive orders such as GRs. They also alleged violation of natural justice, stating that schools were declared ineligible without a fair hearing or opportunity to address deficiencies.A division bench of Justice Vibha Kankanwadi and Justice Ajit B Kadethankar observed that serious issues arise with respect to procedural legality and the conflict between statutory rules and executive instructions."Without adopting the procedure therein or even by not adhering to the principles of natural justice, the government by way of government resolution cannot say that the recognition would automatically come to an end," the court observed.The bench noted that it would also have to examine whether the 2012 Act overrides existing rules and codes, and whether the petitioner institutions qualify as "existing schools" under the Act.Finding a strong prima facie case, the court stayed the operation of both GRs dated April 1 and April 2 to the extent of the petitioners, effectively halting the derecognition process for now.The court issued notice to state govt and directed it to file an affidavit-in-reply by June 10, 2026. The matter has been posted for further hearing on June 18.
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