Bombay High Court

Shri. Shivaji Shikshan Prasarak ... vs The State Of Maharashtra Through ... on 22 June, 2017

Bench: B.R. Gavai

         This Order is modified/corrected by Speaking to Minutes Order dated 06/07/2017

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               IN THE  HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION


                                WRIT PETITION NO. 8220 OF 2015
Shri. Shivaji Shikshan Prasarak Mandal 
Saswad                                                                          ....Petitioners
V/S
The State Of Maharashtra Through The
Secretary And Ors                                                               ....Respondents

WITH WRIT PETITION NO. 8776 OF 2015

Gourabai Shikshan Sanstha And Anr. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8221 OF 2015

Shri. Shivaji Shikshan Prasarak Mandal Saswad ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8222 OF 2015

Yashwant Shikshan Prasarak Mandal, Kharade Through Its Secretary Shri. Dilip Shinde And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

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WITH WRIT PETITION NO. 8223 OF 2015

Junnar Taluka Shikshan Mandal And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8224 OF 2015

Yashwant Shikshan Prasarak Mandal, Kharade Through Its Secretary Shri. Dilip Shinde And Anr. ...Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8225 OF 2015

Janseva Shikshan Sanstha, Thergaon-saidapur Through Its Secretary Shri. Mahadev Alwekar And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8777 OF 2015

Panchshil Shikshan Sanstha, Vasagade And Anr. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents

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WITH WRIT PETITION NO. 8783 OF 2015

Rural Education Society And Anr. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8784 OF 2015

Kakad Macchindra Maruti And Ors. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8785 OF 2015

Navnagar Shikshan Mandal And Anr. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8798 OF 2015

Navbharat Shikshan Sanstha And Anr. .. ..Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

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WITH WRIT PETITION NO. 8800 OF 2015

Swami Vivekanand Shikshan Sanstha, Kashti And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8801 OF 2015

Shri. Sant Gadgebaba Shikshan Sanstha And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8778 OF 2015

Parampujya Gagangiri Maharaj Education Society, Kharpud And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8779 OF 2015

Shri. Sant Shiromani Sawata Mali Shikshan Prasarak Mandal And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents

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WITH WRIT PETITION NO. 8789 OF 2015

Kisanrrao More Education Society And Anr . ..Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8781 OF 2015

Mauniraj Adiwasi Vikas Seva Sanstha And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8782 OF 2015

Sadashiv Maholkar Shikshan Sanstha And Anr. . ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents WITH WRIT PETITION NO. 8780 OF 2015

Gramvikas Shikshan Sanstha And Anr. ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8802 OF 2015

Samaj Vikas Sanstha, Rashin And Anr. . ...Petitioners V/S

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The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8792 OF 2015

Rashtriya Samaj Seva Shikshan Sanstha Through Its Vice President, Miss Neeta Thorwe And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8794 OF 2015

Swami Vivekanand Bahuuddeshiya Shikshan Prasarak Sanstha, Sanpule And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondent

WITH WRIT PETITION NO. 8797 OF 2015

Samata Shikshan Prasarak Mandal And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8805 OF 2015

Nav Maharashtra Shikshan Mandal And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

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WITH WRIT PETITION NO. 8804 OF 2015

Maharashtra Mahila Udyam Trust And Anr . ...Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8799 OF 2015

Rural Education Society, Mirajgaon And Anr . ...Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8803 OF 2015

Radhey Shikshan Vikas Mandal And Anr . ...Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 8775 OF 2015

Jay Bhavani Pratishthan And Anr. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8786 OF 2015

Swami Vivekanand Shikshan Sanstha, Kashti And Anr. ....Petitioners V/S

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The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8959 OF 2015

Shri. Navale Sunil Eknath And Ors ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondents

WITH WRIT PETITION NO. 8957 OF 2015

Shirgonda Taluka Gramin Vikas Shikshan Sanstha, Kashti And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 8958 OF 2015

Shri. Gangeshwar Vidyaprasarak Sanstha And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondents

WITH WRIT PETITION NO. 9094 OF 2015

Rajshri Ahilyabai Holkar Education Institution And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And

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Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 9095 OF 2015

Karmaveer Bhaurao Patil Shikshan Sanstha, Sangamner, Akole And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 9096 OF 2015

Shivshail Pratisthan Ahemadnagar And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 9097 OF 2015

Krantisurya Mahatma Phule Education Society And Anr ....Petitioners V/S The State Of Maharashtra Through The Secretary And Ors ....Respondents

WITH WRIT PETITION NO. 991 OF 2016

Dnyandeep Shikshan Prasarak Mandal And Anr. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 1264 OF 2016

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Sahyadri Shikshan Prasarak Mandal And Anr. . ...Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Education And Sports And Ors. ....Respondents

WITH WRIT PETITION NO. 11757 OF 2015

Jogeshwari Gramvikas Shikshan Sanstha And Anr. ....Petitioners V/S The State Of Maharashtra Through The Secretary, Dept. Of Educ. And Sports And Ors. ....Respondents

Mr. Suresh S. Pakale, with Mr. Shankar M. Katkar, Adv. for Petitioners in above Petitions.

Mr. R.S. Apte, Spl. Counsel with Mr. C.P. Yadav, AGP, for Respondents Nos. 1 to 5 in all above Petitions.

CORAM : B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 22 JUNE 2017.

J U D G M E N T :- (PER B.R. GAVAI, J.)

1. Rule. Rule made returnable forthwith. Heard by consent.

2. It is the contention of Mr. Apte, learned Senior Counsel for

the Respondent that the facts of the present case are identical with the

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facts in Writ Petition No. 8961 of 2015, which is decided by this Court

along with companion matters on 7th June 2017. However, Mr.

Pakale, learned counsel for the Petitioner vehemently disputes this

position. He submits that though the Petition also arises out of the

Government Resolution (GR) dated 15th November 2011, the facts of

the present Petitions are different. Shri Pakale submits that the

Petitioners herein being aggrieved by non granting in aid had

approached this Court by way of Writ Petition No. 8478 of 2013 along

with companion Writ Petitions, said Petitions were decided by this

Court on 16th July 2014. He further submitted that, however, the

State Government filed an application for recall of the said order by

way of Civil Application No. 2367 of 2014 along with companion

matters. The learned counsel submits that in the said Civil

Application, this Court had directed the State Government to issue

show cause notice to the Petitioners to seek the explanation as to why

they were not entitled to grant-in-aid. He further submits vide 1st

January 2015 had held that merely because the Petitioners had not

been followed reservation policy could not be a ground for dis-

entitling the Petitioners from grant-in-aid. The learned counsel

submits that acting upon the said order passed by the Division Bench,

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the State in fact has issued show cause notices to the Petitioners.

However without supporting material on the basis of which the action

was proposed. The Petitioners have been held to be ineligible.

3. Various matters arising out of very the same GR dated 15th

November 2011 had come up for consideration before us and we have

decided the bunch of Petitions being Writ Petition No. 8961 of 2015

along with the companion Petitions vide order and judgment dated

7th June 2017. In the said judgment we have categorically held that

the order passed by the Division Bench dated 7th January 2015 was

per incurium inasmuch as the judgment which delivered by the

Division Bench dated 7th June 2015 had not noticed the judgment

and order passed by the earlier Division Bench in Writ Petition No.

7333 of 2013 decided by this Court on 17th September 2013. It was

also held by this Court that the reliance placed on the Division Bench

in its order dated 7th January 2015, on the observations of the Apex

Court in the case of Ashok Kumar Vs. Union of India1, was also not

justified inasmuch as the observations relied upon by the Division

Bench in the case of Ashok Kumar (Supra) were specifically

1 (2008) 6 SCC 1

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overruled by the constitution bench in the case of Pramati

Educational and Cultural Trust (Registered) Vs. Union of India 1, on

6th May 2014.

4. It could thus be clearly seen that in view of aforesaid, it is

now a settled position that the policy of reservation is basic

requirement even for making an application for assessment to be

admitted in grant in aid. However, from the perusal of the impugned

order it does not appear that the Petitioners have been held to be

ineligible for grant in aid only on the ground of not following

reservation policy. The order vide they have ineligible only shows that

they have obtained marks less than requirement. No reasons as to why

the earlier committee though found that they were possessing more

marks and as to why in the fresh assessment they are given lesser

marks are given in the impugned order. Similarly, even the show cause

notice which was issued to them also states that the Petitioners should

show compliance. We may state that the earlier assessment committee

itself found that the Petitioners were possessing more the requisite

marks. If that be so it was for the State to point out deficiencies to the

1 (2014) 8 SCC 1

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notice of the Petitioners, so that the Petitioners could have replied to

the same.

5. Though Mr. Pakale learned counsel for the Petitioners has

cited number of judgments of the Apex Court to show as to why

violations of principal of natural justice, we do not find that it is

necessary to refer to them in as much as the law is very much settled.

6. It is well settled that a party is required to put to notice the

adverse material which is sought to be used against it. It is also well

settled that an adverse orders affecting rights of the parties must

contains reasons in support of the order passed.

7. Though Mr. Pakale, learned counsel for the Petitioner has

cited number of judgments to canvass his submission with regard to

breach of principles of natural justice, we do not find that it is

necessary to report also. In that view of the matter we find that

impugned orders are liable to be quashed and set aside on the short

ground that they are passed in breach of principles of natural justice.

It is further find that by a wholesale order without considering the

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individual cases of the Petitioner, Petitioners have been held ineligible.

8. In that view of the matter, Rule is made absolute in the

following terms:

1. The impugned government resolution dated 15th

November 2011 is quashed and set aside.

2. The matter is remitted back to the authority with a

direction to give individual show cause notices to the

Petitioners.

3. After issuance of show cause notice and after giving

sufficient opportunity of hearing to the each of the

Petitioners, the Respondent authority shall pass individual

orders in case of individual Petitions.