Saraswati Education Society, Through Ddr. Nandkumar Yadavrao Tasgaonkar Polytechnique v. The State Of Maharashtra, Through Principal Secretary And ORS

bsb 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2689 OF 2014 Saraswati Education Society through DDR. Nandkumar Yadavrao Tasgaonkar Polytechnique ... Petitioner v/s The State of Maharashtra & ors.

... Respondents Mr.Shekhar Jagtap i/by J. Shekhar & Co. for the petitioner. Ms.S.S. Bhende, A.G.P. for respondent Nos.1 to 4. CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 28 JANUARY 2015 P.C.:

Heard.

By this petition, the petitioner seeks a direction to the respondents to release the funds towards scholarship and educational fees of the Schedule Caste and Schedule Tribe students taking education in the educational institutions run by the petitioner Society.

The respondents have filed an affidavit in reply. It is stated in the affidavit in reply that, in the financial year 2013-14, an amount

bsb 2 of Rs.5,12,09,000/- and odd has been paid to the 10 colleges run by the petitioner management and the bills amounting to Rs.4,76,16,000/- and odd are lying with the treasury and the same would be paid to the petitioner within a period of three weeks from the date of filing of the affidavit. It is further stated that the payment of the aforesaid amount would result in paying an amount of Rs.9,88,26,000/- and odd to the petitioner towards the scholarship and educational fees of the Schedule Caste and Schedule Tribe students. It is also stated that a sum of Rs.5,75,67,000/- and odd is payable to the petitioner for the financial year 2013-14 and the same would be paid as soon as it is available. It is stated that, apart from the 10 colleges run by the petitioner management, there are 200 similar colleges in Raigad District who are entitled to receive the grants towards the freeship and scholarship for Schedule Caste and Schedule Tribe students and the State Government therefore has to release some grants to each of the colleges and institutions.

On hearing the learned counsel for the parties, we dispose of the writ petition by directing the respondents to pay the sum of Rs.4,76,16,462/- (referred to in the affidavit) to the petitioner if the same is not paid till date within a period of three weeks. So also, we direct the respondents to pay the sum of Rs.5,75,67,042/- to the petitioner towards freeship and scholarship for the financial year 2013-14 within a period of three months, if the same is not yet paid. It is likely that the respondents may have already cleared the

bsb 3 dues, as the affidavit in reply was filed long back. We also direct the State Government to release the grants towards the freeship and scholarship to the petitioner for the subsequent financial year in accordance with law, as early as possible, if it is not yet paid. With these directions, we dispose of the writ petition with no order as to costs.

(C. V. BHADANG, J.) (VASANTI A. NAIK, J.)