Jay Jawan Jay Kisan Samajik Va Shaikshanik Sanstha v. The State Of Maharashtra And Others
2025:BHC-AUG:33468-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 14381 OF 2025 Jay Jawan Jay Kisan Samajik Va Shaikshanik Sanstha
VERSUS
The State Of Maharashtra And Others Mr. V. D. Salunke h/f Mr. M. V. Salunke, Advocate for petitioner Mr. V. M. Kagne, AGP for respondent-State Mr. S. B. Pulkundwar, Advocate for respondent No. 3
CORAM
: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.
DATE : 03rd December, 2025 PER COURT :- 1.
Present petition has been filed for following relief :- B.
Issue a writ of Mandamus, or any other appropriate writ, order or direction, directing the Respondents to forthwith decide the Petitioner's representation dated 30.05.2025, 09.07.2025, and 29.09.2025, as well as proposals dated 05.07.2024 and 14.08.2025, for sanctioning grant-in-aid to 24 additional students and admissible teaching and non-teaching posts as per Government Resolution dated 16th July, 2024 2.
Learned AGP waives notice for respondent Nos. 1 and 2. Learned Advocate, Mr. Pulkundwar, waives notice for respondent No. 3. 3.
Learned Advocate for the petitioner submits that the petitioner is a registered public trust. Respondents are the State
authorities through whom program/scheme of special education and training is implemented. The petitioner has started a special school for disabled children in the year 2000, under the name Savitribai Dhanve Residential Special School for Mentally Retarded Students at Umari, Tq. Umari, Dist. Nanded for imparting special education to the disabled persons especially mentally retarded and hearing impaired students. The said special school has Government aided sanction intake capacity of 30 residential (aided) students and 24 residential (unaided) students. The petitioner had requested the respondents from time to time to carry out the inspection and for the sanction of grants for the additional 24 students.
Accordingly, the school has been awarded 'A' Grade and the respective authorities had requested from time to time grant-in-aid for its 24 additional unaided students. Petitioners have taken regular follow up for. Thereafter, the school maintained strength of 54. When two proposals dated 16.12.2017 and 18.01.2024 were submitted to respondent No. 1 for sanctioning grant-in-aid and there was no response, the petitioner approached by way of Writ Petition No. 7859 of 2024 to this Court. By order dated 29.07.2024, this Court directed the respondents to decide the said proposal within a period of six weeks. In the meantime, the Government has framed new policy regarding grantin-aid and issued GR dated 16.07.2024. Based on the said resolution, the proposal was rejected and, therefore, that writ petition was filed.
petitioner has resubmitted the proposal for release of grant-in-aid on 15.10.2024 before the District Committee/Social Welfare Officer as per Government Resolution dated 16.07.2024. The District Committee has forwarded the proposal to Social Welfare Commissioner, Pune who has rejected it on 02.04.2025 citing six deficiencies. Thereafter, by communication dated 25.03.2025 and 02.04.2025, Desk Officer informed the Commissioner, Pune in the meeting held on 27.03.2025 that opportunity to rectify the deficiencies and resubmission of the proposal to be considered. Accordingly, after the opportunity was given, the petitioner has removed all the deficiencies and then vide letter dated 24.04.2025, requested the District Committee to forward the proposal to the Commissioner, Pune. Accordingly, Social Welfare Officer has forwarded the same on 29.04.
2025. It appears that thereafter respondent No. 1 by communication dated 23.05.2025, directed the respondent No. 3 to forward the earlier rejected proposal with the committee's report, renewal certificates and biometric attendance reports of the students as well as teachers that point also be complied with. Even concerned authorities have inspected the school and verified admissible teaching and non-teaching posts as per the staffing pattern. Still, there is no action taken by the respondents in spite of making representations on 30.05.2025, 09.07.2025 and 29.09.2025. Hence, present petition.
4.
Learned AGP as well as learned Advocate for respondent No. 3, upon instructions, makes statement that the authorities would adhere to the schedule that has been given in the Government Resolution dated 16.07.2024. The proposals/representations would be decided by the end of February, 2026. The said statement is taken as undertaking. 5.
We dispose of the writ petition by directing respondent Nos. 1 to 3 that appropriate steps be taken as per the Government Resolution and the representations be decided before February, 2026. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi