Bombay High Court
Vinod Education Society, Thr. Its ... vs The State Of Mah. Thr. Dept. Of ... on 2 September, 2016
Bench: B.P. Dharmadhikari
Judgment wp3751.09
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 3751 OF 2009.
1. Vinod Education Society,
Gose (Buzruk), Tahsil Pauni,
District Bhandara, through
its President Smt. Parbata
Rajesh Dongre, resident of
Gose Buzruk, Tahsil Pauni,
District Bhandara.
2. Vinod Arts, Science Junior College,
Gose (Buzruk), Tahsil Pauni,
District Bhandara, through
its Principal. ....PETITIONERS.
VERSUS
1. The State of Maharashtra,
through Department of Education,
Mantralaya, Madam Cama Road,
Mumbai - 400 032.
2. Deputy Director of Education,
Nagpur Region, Nagpur.
3. Education Officer (Secondary),
Zilla Parishad, Bhandara. ....RESPONDENTS
.
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Judgment wp3751.09
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Mr. H. Chitaley, Advocate for Petitioners.
Mr. N.R. Rode, Asstt. Govt. Pleader for Respondents.
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CORAM : B.P. DHARMADHIKARI &
A.S. CHANDURKAR, JJ.
DATE : SEPTEMBER 02, 2016.
ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)
Heard Shri Chitaley, learned Counsel for the petitioners and Shri
Rode, learned A.G.P. for respondents.
2. Civil Application No.319/2015 taken out by the petitioners for
grant of expeditious hearing, is listed today. Shri Chitaley, learned counsel
for the petitioners submits that on 26.02.2014, the policy has been modified
and word "permanent" in orders granting approval to educational institutes
like that of petitioners has been deleted. From the year 2014-15, grants at
20%, in next year at 40% and accordingly in 5th year 100% are made
admissible. He submits that case of petitioners is squarely covered by this
policy decision.
Judgment wp3751.09
3. Shri Rode, learned A.G.P. appearing for respondents is seeking
time to obtain instructions.
4. Prayer in Writ Petition is to modify order dated 13.12.1999
granting permission to petitioner no.1 to start petitioner no.2 College on
permanent no grant-in-aid basis.
5.
We have no reason to disbelieve the assertions made on affidavit
in application by the applicants/petitioners or then the copy of government
resolution dated 26.02.2014. The copy of the said government resolution
produced before the court by the learned counsel for petitioners is taken on
record and the same is marked as "Exh.X" for identification.
6. Exh.X shows that word "permanent" is already removed and
subject to fulfilling the conditions as stipulated therein, petitioners are made
eligible to 20% grants in the year 2014-15 and thereafter, every year grants
increase in same proportion.
7. Hence, with a direction to respondents to implement the aforesaid
government resolution dated 26.02.2014 (Exh.X), in case of present
petitioners also and to take suitable decision about its eligibility to grants
Judgment wp3751.09
accordingly, within a period of four months from today, we make rule
absolute in terms of prayer clause (A). If as per any policy, petitioners are
entitled to receive such grants from any earlier academic years, we leave
said contention open. The competent authority can also examine it. In case
the petitioner is found eligible to grants, acceptance of such grants by the
petitioners shall not preclude it from challenging the correctness of the
exercise. Writ Petition and Civil Application are disposed of accordingly. No
costs.
JUDGE JUDGE
Rgd.
Judgment wp3751.09
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