Suvarna Vishwas Kumbhar vs the State of Maharashtra Thr. the Secretary School Education and Sports Department and Ors. — Bombay HC (2026) — LawSathi Research

Suvarna Vishwas Kumbhar vs the State of Maharashtra Thr. the Secretary School Education and Sports Department and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 22nd July 2025 of respondent No.5 (Education Officer) quashed and set aside; proposal of individual approval dated 10th July 2025 restored to the file of the Education Officer (Primary), Zilla Parishad, Kolhapur, to be decided afresh after permitting the petitioner and all stakeholders to satisfy the deficiencies and granting a hearing opportunity, by a reasoned order in accordance with law, within two months.

Issue for consideration

Whether the order dated 22nd July 2025 passed by respondent No.5 (Education Officer) rejecting the Petitioner's proposal for individual approval, having been passed without granting an opportunity of hearing, is liable to be quashed and set aside.

Court's answer

The impugned order dated 22nd July 2025 passed by respondent No.5 (Education Officer) is quashed and set aside because it was passed without granting a hearing opportunity to the petitioner.

Ratio / Principle

The proposal of individual approval dated 10th July 2025 forwarded by the Management/School is 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 10th July 2025 afresh, granting the petitioner and all stakeholders permission to satisfy the deficiencies pointed out.ratio¶18
The fresh decision shall be made after granting a hearing opportunity, by passing a reasoned order in accordance with law.ratio¶18
The aforesaid exercise shall be completed within a period of two months from the date of this order.

Detailed headnote1 paragraphs

Bombay High Court (Circuit Bench at Kolhapur), Writ Petition No. 12721 of 2025 (decided 18th April 2026, Madhav J. Jamdar & Pravin S. Patil, JJ.): The order dated 22nd July 2025 passed by respondent No.5 - Education Officer rejecting the Petitioner's proposal for individual approval was found to have been passed without granting an opportunity of hearing and was quashed and set aside. The proposal of individual approval dated 10th July 2025 forwarded by the Management/School was restored to the file of the Education Officer (Primary), Zilla Parishad, Kolhapur, with directions to decide it afresh after granting the petitioner and all stakeholders permission to satisfy the deficiencies and a hearing opportunity, by passing a reasoned order in accordance with law, within two months.

958-WP-12721-2025 (C).doc

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

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12721 OF 2025

Suvarna Vishwas Kumbhar ...Petitioner Versus The State Of Maharashtra Through The Secretary School Education And Sports Department 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 22^nd July 2025 passed by the respondent No.5 - 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

1 of 2

ZIP

958-WP-12721-2025 (C).doc

Education Officer the deficiencies, which he has pointed out in the impugned order. According to the petitioner and Management, they can remove 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 22^nd July 2025.

The proposal of individual approval dated 10^th July 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 10^th July 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.]

2 of 2

ZIP