Sadashiv Moholkar Shikshan Sanstha And ANR v. The State Of Maharashtra Through The Secretary And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3366 OF 2015 Sadashiv Moholkar Shikshan Sanstha and another Petitioners versus The State of Maharashtra and others Respondents AND WRIT PETITION NO.3367 OF 2015 Sadashiv Moholkar Shikshan Sanstha and another Petitioners versus The State of Maharashtra and others Respondents AND WRIT PETITION NO.3368 OF 2015 Jagdamba Shikshan Prasarak Mandali & anr.
Petitioners versus The State of Maharashtra and others Respondents AND WRIT PETITION NO.3369 OF 2015 Jagdamba Shikshan Prasarak Mandali & anr.
Petitioners versus The State of Maharashtra and others Respondents AND WRIT PETITION NO.3943 OF 2015 Mahila Samaj Sanstha and another Petitioners versus The State of Maharashtra and others Respondents
2 of 4 WP.3366.2015 AND WRIT PETITION NO.3944 OF 2015 Shri Sant Gadgebaba Shikshan Sanstha & anr.
Petitioners versus The State of Maharashtra and others Respondents AND WRIT PETITION NO.3945 OF 2015 Jijamata Bahuuddeshiya Shikshan Sanstha and another Petitioners versus The State of Maharashtra and others Respondents AND WRIT PETITION NO.3946 OF 2015 Shri Sant Gadgebaba Shikshan Sanstha and anr. Petitioners versus The State of Maharashtra and others Respondents Mr.Saurabh Pakale i/by A.R.Belge for Petitioners. Mr.A.I.Patel, AGP for State.
CORAM : MOHIT S. SHAH, C.J. AND G.S.KULKARNI, J.
DATE : 21 April 2015 PC :
1.
These writ petitions raise similar issues as were raised in Writ Petition No.8478 of 2013, which was disposed of
3 of 4 WP.3366.2015 by the order dated 16 July 2014 read with order dated 6 August 2014. The said orders have been subsequently modified by the order passed on 7 January 2015 in Civil Application No.2367 of 2014. Following the aforesaid orders read with aforesaid modification, we dispose of these writ petitions in the same terms, that is to say, in terms of the following directions/ clarifications :
(a) The directions contained in paragraph 6(iii) and (v) for releasing the salary grant under the Government Resolution dated 15 November 2011 shall not apply till the Director of Education takes a decision in the matter, which shall be done within six weeks from today;
(b) It is clarified that if an institution is found to be eligible to receive grant under the Government Resolution dated 15 November 2011, it shall not be denied the grant on the ground of non following the reservation policy prior to the date of making the application for the grant under the Government Resolution dated 15 November 2011;
(c) If in light of the above directions and clarifications the authorities take any tentative decision to issue a show cause notice for rejecting the application of the concerned school managements, the show cause notice shall be issued within six weeks from today giving an opportunity to the school
4 of 4 WP.3366.2015 managements to reply and to file documentary evidence after receipt of the show cause notice and the Director of Education shall give them personal hearing and take a decision within six weeks thereafter;
(d) If no show cause notice is issued to the school management within six weeks from today, the authorities shall release the grant in their favour within six weeks from today. 2.
Liberty to apply in case of difficulty.
(CHIEF JUSTICE) (G.S.KULKARNI, J.) MST