Jyotiba Bahuuddeshiya Shikshan Prasarak Mandal Through Chairman /Secretary And ANR v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ORS

(940)-WP-9999-18.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9999 OF 2018 Jyotiba Bahuuddeshiya Shikshan Prasarak Mandal, Bhalwani, Tal. Mangalvedha, Dist. Solapur, through its Chairman/Secretary and another ..Petitioners

Versus

The State of Maharashtra and others ..Respondents Mr. N. V. Bandiwadekar, Advocate for the Petitioners. Mr. S. S. Panchpor, AGP for Respondent - State. CORAM : B. R. GAVAI & DAMA SESHADRI NAIDU, JJ.

DATE : 4th APRIL, 2019 P.C.

1] The Petitioners have approached this Court being aggrieved by the inaction on the part of Respondent - State in taking decision with regard to making applicable provisions of grant-in-aid to Petitioner No.2 institution.

2] It is the contention of the Petitioners that all the subordinate authorities right from Education Officer upto Commissioner of Education have recommended case of the Petitioners after due assessment. However, the matter is pending before the State Government.

BGP. 1 of 2

(940)-WP-9999-18.doc.

3] Mr. S. S. Panchpor, learned AGP appearing on behalf of the Respondent - State submits that due to Code of Conduct, the Respondent - State is not in a position to take decision. 4] Merely because Code of Conduct on account of ensuing Parliamentary elections cannot be a ground even to take routine decisions. In any case, the Code of Conduct is likely to be over by the end of May 2019.

5] In that view of the matter, Mr. S. S. Panchpor, learned AGP on instructions of Mr. G. S. Tungar, Joint Secretary and Mrs. S. M. Nand, Deputy Secretary, School Education Department makes a statement that the Respondent - State would take a decision within a period of three months from today. The said statement is treated as an undertaking to this Court. The Writ Petition is disposed of on the basis of the said undertaking.

6] Stand over after three months i.e. on 8th July 2019, for compliance.

[DAMA SESHADRI NAIDU, J.] [B. R. GAVAI, J.] BGP. 2 of 2