Bombay High Court quashes Maharashtra GRs on school disqualification

The Bombay High Court has ruled that the Maharashtra government’s orders disqualifying schools from charitable donations violated natural justice. The court ordered the state to delete the petitioning schools from the list and said that no action could be taken without an individual hearing.

,. The bench of Justice Madhav Jamdar and Justice Pravin Patil said that the act of closing primary and secondary schools without giving opportunity to rest violated the principles of natural justice.

The court directed the state government to delete the names of the petitioner institutions from the list of schools published by the General Regulations. “The petitioners will continue to attend their respective schools and no action contemplated under the General Regulations can be initiated against them,” the decision said.

Two General Assemblies had declared that 433 primary schools and 324 secondary schools were excluded from aid. The orders directed these schools to apply under the Maharashtra Self-Financing Schools Act (2012) before April 30. The GRs stated that if schools were unsuccessful in applying, their recognition would be revoked and the schools would be closed as a result.

The court stated that the GRs will affect schools in Maharashtra and most of these schools provide education in Marathi medium, especially in villages. With these general rules, most Marathi secondary schools in village areas of the state will be closed, the judges said.

The court observed a contradiction in the state’s approach. “While the state government, on one hand, insists on giving importance to Marathi language, on the other hand, it is trying to close down Marathi schools by the said action,” the judges said. They added that this action was not in line with the goal the state was trying to achieve.

The justices highlighted factors the state should consider before closing schools. These include whether schools can be converted into self-financing schools under the GR, particularly when a procedure for authorization exists in the Self-Financing Act. Also, whether teaching and non-teaching staff in Marathi primary and secondary schools can be inducted into self-financing schools as there is no provision for posting of staff in schools that do not receive grant aid.

The court also noted that students from families who do not have money and study in Marathi secondary schools cannot be deprived of the primary and secondary education that the management of these schools is trying to provide. Thirdly, the court said whether students can be placed in nearby schools, especially in village areas and areas where there are no schools where students can study. Also, whether the language of instruction can be continued in other schools. The bench said the state government ignored these facts.

The court said the government should hold a hearing for each school before taking any action against them.

The petitioner schools, including two Urdu secondary schools, argued that the state did not give them an opportunity to be heard before taking this action. The bench noted that the state did not record whether the petitioners were given any opportunity for a hearing and whether the above-mentioned factors were taken into account.

The court decided that the GRs dated April 1 and April 2 were not valid for the plaintiffs and decided to delete their names from the list.