Chaitanya Prabhu Shikshan Prasarak Mandal And ANR. v. The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9441 OF 2014 Chaitanya Prabhu Shikshan Prasarak Mandal and Anr.
WRIT PETITION NO. 9442 OF 2014 Rural Education Society, Mirajgaon & Anr.
WRIT PETITION NO. 9443 OF 2014 Rural Education Society, Mirajgaon & Anr.
WRIT PETITION NO. 9444 OF 2014 Rural Education Society, Mirajgaon & Anr.
WRIT PETITION NO. 9445 OF 2014 Tasgaon Taluka Shikshan Prasarak Mandal & Anr.
WRIT PETITION NO. 9446 OF 2014 Suvan Shikshan Va Samaj Vikas Adivasi Sanstha, Bardipada & Anr.
WRIT PETITION NO. 9447 OF 2014 Sant Krupalshingh Shaishanik Sanstha, Shevali & Anr.
WRIT PETITION NO. 9448 OF 2014 Lonkhede Gramvidhayak Va Shikshan Mandal, Lonkhede & Anr.
WRIT PETITION NO. 9704 OF 2014 Shri Sati Devi Public Trust, Boris & Anr.
WRIT PETITION NO. 9705 OF 2014 Kakad Macchindra Maruti & Ors.
WRIT PETITION NO. 9706 OF 2014 Meri Kendra Shikshan Prasarak Coop. Mandal & Ors.
WRIT PETITION NO. 9707 OF 2014 Meri Kendra Shikshan Prasarak Coop. Mandal & Ors.
WRIT PETITION NO. 10081 OF 2014 Gaonkari Parivartan Aani Sanshodhan Pratishthan Ors.
WRIT PETITION NO. 10082 OF 2014 Rashtriya Samaj Seva Shikshan Sanstha and Anr.
WRIT PETITION NO. 10083 OF 2014 Kai. Yashwant Baliram Patil Shikshan Prasarak Mandal, Talai and Anr.
WRIT PETITION NO. 10084 OF 2014 New English School, Nimgaon Petitioner WRIT PETITION NO. 10085 OF 2014 Rajashri Ahilyabai Holkar Education Institute and Anr.
WRIT PETITION NO. 10371 OF 2014 Kai. Kum. Sawapnaja Education Society and Anr.
WRIT PETITION NO. 11348 OF 2014 The Buddhist Philosophy Center, Dhule and Anr.
WRIT PETITION NO. 11349 OF 2014 Shivshail Pratishthan, Ahmednagar and Anr.
WRIT PETITION NO. 11350 OF 2014 Navbharat Shikshan Sanstha and Anr.
WRIT PETITION NO. 11355 OF 2014 Laxman Shikshan Sanstha & Anr.
WRIT PETITION NO. 11356 OF 2014 Gramvikas Va Shikshan Prasarak Mandal and Anr.
WRIT PETITION (L) NO. 33788 OF 2014 Chaitanya Prabhu Shikshan Prasarak Mandal and Anr.
Mr. S.S. Pakale with Mr. Avinash R. Belge for the petitioners. Mr. A.B. Vagyani, Government Pleader with Mr. V.B. Thadani, A.G.P. for the respondents.
CORAM: MOHIT S. SHAH, C.J. & B.P. COLABAWALLA, J.
DATE : 7 JANUARY 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 today 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.
(iii) If in light of the above directions and clarifications the authorities take any tentative decision to issue a show cause notice for rejecting the application of the concerned school managements, the show cause notice shall be issued within 3 weeks from today giving an opportunity to the school managements to reply and to file documentary evidence after receipt of the show cause notice and the Director of Education shall give them personal hearing and take a decision within 3 weeks thereafter.
(iv) If no show cause notice is issued to the school management within 3 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.
CHIEF JUSTICE (B.P. COLABAWALLA, J.)