Shri. Nath Kripa Shikshan Prasarak Mandal, Waghave And ANR Through Its Chairman/Secertary v. The State Of Maharashtra Through The Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3785 OF 2015 Shri Nath Kripa Shikshan Prasarak Mandal and Anr.

.. Petitioners vs The State of Maharashtra & Ors.

.. Respondents Mr. Sanjay P. Shinde i/b Mr. Prashant Bhavake for the petitioners. Mr. A.I. Patel, A.G.P. for the respondent - State. WITH WRIT PETITION NO. 3917 OF 2015 Senapati Santaji Ghorpade Smarak Samiti Kapshi (Se) & Anr.

.. Petitioners vs The State of Maharashtra & Ors.

.. Respondents Mr. Sanjay P. Shinde i/b Mr. Prashant Bhavake for the petitioners. Mr. V.S. Ghokhale, A.G.P. for the respondent - State. CORAM: MOHIT S. SHAH, C.J. & G.S. KULKARNI, J.

DATE : 28 APRIL 2015 P.C.:

These writ petitions raise similar issues as were raised in Writ Petition No. 8478 of 2013 which was disposed of by our order dated 16 July 2014 read with order dated 6 August 2014. The said orders have been subsequently modified by our order passed on 7

January 2015 in Civil Application No.2367 of 2014. Following the aforesaid orders read with aforesaid modification, we dispose of this batch of writ petitions in the same terms, that is to say in terms of the following directions/clarifications:­ (i) The directions contained in para 6(iii) and (v) for releasing the salary grant under the Government Resolution dated 15 November 2011 shall not apply till the Director of Education takes a decision in the matter which shall be done within 6 weeks from today.

(ii) It is clarified that if an institution is found to be eligible to receive grant under the Government Resolution dated 15 November 2011, it shall not be denied the grant on the ground of not following the reservation policy prior to the date of making the application for the grant under the Government Resolution dated 15 November 2011.

them personal hearing and take a decision within 6 weeks thereafter.

(iv) If no show cause notice is issued to the school management within 6 weeks from today, the authorities shall release the grant in their favour within 6 weeks from today.

(v) Liberty to apply in case of difficulty.

2.

It is clarified that it will be open to the petitioners to request the concerned authorities to release the grant with effect from such date as, according to the petitioners, they are entitled to get the grant. The authorities shall pass orders on such request in accordance with law.

3.

The writ petitions are disposed off.

CHIEF JUSTICE (G.S. KULKARNI, J.)