Sushma Narayan Kumbhar vs the State of Maharashtra Thru. Secretary and Ors. — Bombay HC (2026) — LawSathi Research

Sushma Narayan Kumbhar vs the State of Maharashtra Thru. Secretary and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 30th June 2025 quashed and set aside; proposal of individual approval restored to the file of the Education Officer (Primary), Zilla Parishad, Kolhapur, who is directed to decide it afresh after permitting the petitioner and all stakeholders to satisfy the deficiencies, granting a hearing opportunity, and passing a reasoned order in accordance with law, within two months from the date of the order.

Issue for consideration

Whether the order dated 30th June, 2025 of the Education Officer rejecting the Petitioner's individual approval proposal was passed without granting an opportunity of hearing, and is therefore liable to be quashed and set aside. +1 more

Court's answer

The impugned order dated 30th June 2025 was quashed and set aside because it came to be passed without granting hearing opportunity to the petitioner.

Ratio / Principle

The proposal of individual approval dated 30th June 2025 forwarded by the Management/School stands restored to the file of the Education Officer (Primary), Zilla Parishad, Kolhapur.

Key takeaways

The Education Officer (Primary), Zilla Parishad, Kolhapur is directed to decide the proposal dated 30th June 2025 afresh by granting permission to the petitioner and all stakeholders to satisfy the deficiencies, then granting a hearing opportunity, and deciding the proposal by passing a reasoned order in accordance with law; the aforesaid exercise shall be completed within two months from the date of the order.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court (Kolhapur Circuit Bench), Civil Appellate Jurisdiction — Writ Petition No. 10454 of 2025 (Madhav J. Jamdar & Pravin S. Patil, JJ., 18th April 2026). The Education Officer's order dated 30th June, 2025 rejecting the petitioner Sushma Narayan Kumbhar's proposal for individual approval was challenged on the ground that it was passed without granting an opportunity of hearing. Holding the order unsustainable for want of hearing opportunity, the Court quashed and set aside it, restored the Management/School's proposal of even date to the file of the Education Officer (Primary), Zilla Parishad, Kolhapur, and directed that officer to decide the proposal afresh — granting permission to the petitioner and all stakeholders to satisfy the deficiencies pointed out in the impugned order, affording a hearing opportunity, and passing a reasoned order in accordance with law — completing the entire exercise within two months.

957-WP-10454-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 10454 OF 2025

Sushma Narayan Kumbhar ...Petitioner Versus The State Of Maharashtra Through Secretary And Ors. ...Respondents

Adv. Prashant Bhavake, for Petitioner. Mr. Ravi P. Kadam, ‘B’ Panel Counsel, for the Respondent-State. Mr. Kedar Lad, for Respondent No.5.

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 18^th APRIL, 2026.

P.C. :

By this Petition, the Petitioner challenged the order dated 30^th June, 2025 passed by the Education Officer, whereby the proposal for individual approval of the Petitioner has been rejected. The principal contention of the Petitioner is that the said order was passed without granting an opportunity of hearing. Hence, same is liable to be quash and set aside.

According to the petitioner, if hearing opportunity would have been granted, the petitioner along with Management could satisfy the

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957-WP-10454-2025 (C).doc

Education Officer the deficiencies, which he has pointed out in the impugned order. According to the petitioner and Management, they can satisfy all the deficiencies pointed out in the impugned order.

In the light of the submission made by the petitioner and the fact that the impugned order came to be passed without granting hearing opportunity to the petitioner, we hereby quash and set aside the order dated 30^th June 2025.

The proposal of individual approval dated 30^th June 2025, forwarded by the Management/School, is hereby restored to the file of the of the Education Officer (Primary), Zilla Parishad, Kolhapur.

The Education Officer (Primary), Zilla Parishad, Kolhapur is hereby directed to decide the proposal dated 30^th June 2025 afresh by granting permission to satisfy the deficiencies to the petitioner and all the stakeholders and then by granting hearing opportunity decide the proposal by passing a reasoned order in accordance with law.

The aforesaid exercise shall be completed within a period of two

months from the date of this order.

[ PRAVIN S. PATIL, J.]

[MADHAV J. JAMDAR, J.]

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