The State Of Maharashtra And Others v. Vidyasagar High School Karanji And Anothers

1 ca 15065.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15065 OF 2015 IN REVIEW APPLICATION STAMP NO. 30465 OF 2015 IN WRIT PETITION NO. 7083 OF 2006 WITH REVIEW APPLICATION STAMP NO. 30465 OF 2015 The State of Maharashtra and others .. Applicants

Versus

Vidyasagar High School Karanji and another .. Respondents Shri V. H. Dighe, Advocate for Applicants/State. Shri Eknath P. Sawant, Advocate for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA N. W. SAMBRE, JJ.

DATE : 04TH MARCH, 2016.

PER COURT :

.

While considering the application for condonation of delay, we have also considered review application on merits. The ground on which present review application is filed is that, the order is passed in the original writ petition on the ground that, the petitioner is discriminated.

2.

Mr. Dighe, the learned A. G. P. states that, it is not case of

2 ca 15065.15 discrimination. Other institutions also have not been granted grant in aid after completion of five years. The learned A. G. P. seeks to rely on page No. 18.

3.

We have considered the said submissions. The submissions of the learned A. G. P. certainly are not in consonance with factual matrix on record. Perusal of the list of other institutes, it is manifest that, institutes at Sr. No. 3 and 4 at page No. 18 have been granted 60% grant immediately on completion of five years. Even institutes at Sr. Nos. 3 and 4 at page No. 20 are granted partial grants on completion of five years. This Court while passing the order in the writ petition had considered the said aspect of the matter. There is no factual error committed. 4.

The jurisdiction of this Court in review cannot be considered as an appeal in disguise. In the light of that, the review application so also the civil application for condonation of delay are rejected.

[ N. W. SAMBRE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 16