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Bombay High CourtWP/9678/2024disposed off

Aadhar Andh Apang Matimand Sevabhai Punarwasan Kendra Through Its Vice President v. The State Of Maharashtra Through Its Secretary And Others

2024-09-12Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:21750-DB 1 919.WP-9678-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9678 OF 2024 AADHAR ANDH APANG MATIMAND SEVABHAI PUNARWASAN KENDRA THROUGH ITS VICE PRESIDENT

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Thombre S.S.

Addl.GP for Respondents/State : Mr. P.S. Patil ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 12 SEPTEMBER 2024 PER COURT :

.

The petitioner which is running special school on non-grant basis, is awaiting the decision of the authorities on the proposal for releasing of granting aid pursuant to the Government scheme. 2.

We have heard both the sides.

3.

Apparently, the District Social Welfare Officer, Group-A, Zilla Parishad, Aurangabad vide its communication dated 24.07.2009 (Exhibit-I) seems to have forwarded the petitioner's proposal in the prescribed form duly filled in for releasing grants, which has been pending with the concerned Government Department since 27.07.2009 as is appearing from the endorsement thereon. Obviously, the authorities will have to now take appropriate decision on this proposal in accordance with law and the policy of the Government.

2 919.WP-9678-2024.doc 4.

Learned AGP would submit that pursuant to the Government Resolution dated 16.07.2024, the petitioner's request for granting aid would be governed by this Government Resolution. 5.

Since the authorities/State Government is still to take appropriate decision on the proposal which seems to be pending with them for years together, it would be premature for this Court to embark upon and examine whether 'A' scheme is applicable to the petitioner or is it 'B'. Let the decision be taken by the authorities in accordance with the law and the policy which according to them, governs the fact situation.

6.

We dispose of the petition by directing the respondent no.1 and 2 to take appropriate decision on the proposal (Exhibit-I) on its own merits, as expeditiously as possible and in any case within six weeks, if it has not already been decided.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb..