Mahatma Gandhi Education Society, Wadegaon, Through Its President Gulam Zainul, Abedin Gulam Mustaf v. State Of Maha., Through Its Secretary, Ministry Of Sport And Education Dept. Mumbai And Others

WP622-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.622/2016 (Mahatma Gandhi Education Society, Wadegaon .vs. State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. R.D. Karode, Advocate for Petitioner.

Mrs. K.R. Deshpande, AGP for Respondent Nos. 1 and 2. CORAM : B.R. Gavai & P.N. Deshmukh, JJ.

DATED : February 09, 2016.

The petitioner has sought a writ of mandamus directing respondent no.1 to firstly consider the various schools and colleges that whether they are entitled for grant-in-aid and thereafter to consider the new applications for grant of permission to run the various schools and colleges.

The relief sought is in the nature of seeking mandamus directing the State to frame a particular policy. As to what policy has to be framed or not is exclusively within the domain of the Executive. Only after such policy is framed, the Court can examine the correctness or otherwise of the said policy and that too within a limited arena as to whether the said policy is arbitrary, violative of Article 14 of the Constitution of India.

In that view of the matter, no merit is found in the petition. The petition is rejected.

JUDGE JUDGE halwai