Case Note & Summary
The petitioners, two educational trusts and their respective schools, challenged an order dated 4 September 2025 passed by the Under-Secretary, Tribal Development Department, Government of Maharashtra. The order withdrew the recognition and affiliation granted to the petitioners' schools for admitting tribal students under Government Resolution dated 28 August 2009, and directed transfer and absorption of tribal students to other schools. The petitioners contended that the order was passed without any show cause notice or opportunity of hearing, and was cryptic and non-speaking. The court observed that the impugned order did not disclose any reasons for withdrawal and was passed in violation of principles of natural justice. The court held that the order was arbitrary and unsustainable. Accordingly, the court quashed and set aside the impugned order and directed the respondents to restore the recognition and affiliation of the petitioners' schools. The court also directed that the tribal students already transferred may continue in their new schools if they so desire, but the petitioners' schools are entitled to admit new tribal students as per the GR. The petitions were allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Speaking Order - Withdrawal of Recognition - Government Resolution dated 28 August 2009 - The impugned order withdrawing recognition and affiliation of schools for tribal students was passed without issuing any show cause notice or affording opportunity of hearing to the petitioners, and the order was cryptic and non-speaking. Held that such an order violates principles of natural justice and must be set aside (Paras 5-8). B) Education Law - Recognition of Schools - Tribal Students - Government Resolution dated 28 August 2009 - The petitioners' schools were granted recognition and affiliation under the said GR for admitting tribal students. The impugned order withdrew such recognition without assigning any reasons or basis. Held that the order is arbitrary and unsustainable (Paras 3-8).
Issue of Consideration
Whether the impugned order dated 4 September 2025 withdrawing recognition and affiliation granted to the petitioners' schools for admitting tribal students under Government Resolution dated 28 August 2009 is legal, valid, and proper.
Final Decision
The court quashed and set aside the impugned order dated 4 September 2025. Directed the respondents to restore the recognition and affiliation of the petitioners' schools for admitting tribal students under Government Resolution dated 28 August 2009. Directed that tribal students already transferred may continue in their new schools if they so desire, but the petitioners' schools are entitled to admit new tribal students as per the GR. Petitions allowed with no order as to costs.
Law Points
- Natural justice
- speaking order
- withdrawal of recognition
- tribal students
- Government Resolution dated 28 August 2009
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Right of Children to Free and Compulsory Education Act
- 2009
