Authority: Maharashtra High Court (Bench of Justices Anil L. Pansare and Nivedita P. Mehta)
Order Date: 22-09-2026
Case Overview
- Petitioners: Swaraj Bahu Uddeshiya Shikshan Sanstha (through its President) and Bengali Education Society (through its Secretary) filed Writ Petitions No. 3765/2018 and 3826/2018 respectively against the State of Maharashtra, Department of Education and its officials.
- Respondents: State of Maharashtra, Secretary, Department of Education and other officials, including the Deputy Director of Education.
- Issue: The Deputy Director of Education cancelled approvals granted to the petitioners’ teaching and non‑teaching staff without issuing a show‑cause notice, allegedly violating procedural fairness.
- Petitioners relied on Government Resolution (G.R.) dated 23‑Aug‑2017 and the judgment in Writ Petition No. 1315/2022 (Dilipkumar Patle & Anr. Vs. Deputy Director of Education, Nagpur Division) dated 5‑Sep‑2022, asserting that a valid show‑cause notice and opportunity of hearing were mandatory.
- Respondents contended that a notice of hearing had been issued and that the cancellations were proper.
- The Court examined the record, noting that while a hearing notice was issued, it did not contain the substantive material required of a show‑cause notice. Consequently, the procedural requirement under the G.R. and the Patle judgment was not satisfied.
Final Outcome
- The petitions are allowed.
- The orders passed by the Deputy Director of Education cancelling the approvals granted to the petitioners are quashed and set aside.
- The Deputy Director of Education is directed to adhere to the Government Resolution dated 23‑Aug‑2017 and the Patle judgment dated 5‑Sep‑2022 before taking any further decision affecting approvals.
- The petitions are disposed of in the above terms.
Topics: Education Approvals, Legal Procedure