Jai Bharat Mahila Seva Sanstha, ... vs Smt. Vandana Krishnan, ...
2021 Latest Caselaw 6704 Bom

                                             1                                       CP54-21.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR

 CONTEMPT PETITION NO. 54/2021 IN WRIT PETITION NO. 4876/2009 (D)
   (JAI BHARAT MAHILA SEWA SANSTHA, NAGPUR & OTHERS VERSUS
 VANDANA KRISHNAN, SECRETARY, DEPARTMENT OF SCHOOL EDUCATION,
                STATE OF MAHARASHTRA & OTHERS)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                     Court's or Judge's order
and Registrar's orders.
        Shri B.G. Kulkarni, counsel for the petitioners.
        Shri D.P. Thakare, Additional G.P., counsel for the respondents.

        CORAM : A. S. CHANDURKAR AND SMT. PUSHPA V. GANEDIWALA, JJ.

DATED : 26TH APRIL, 2021.

While deciding Writ Petition No.5345 of 2009, the following observations were made in paragraphs 26 and 27 of the said judgment which are as under:-

"26. ......... State Government has to arrange for free education and as such, it has to fully shoulder expenditure on other heads which are vital or sine-qua-non for their education. When the State Government is not in position to reimburse the whole expenditure on admissible heads as non-salary grants, it can not restrain the Petitioners from charging the students towards it. GR dated 19.01.2013 issued by the State Government is only an eye wash & abuse or high handed use of its power by the State Government. But then We have found it improper to quash it.

27. We direct the respondents to take suitable decision in this respect within next four months and in any case by 31 st January 2019. If the decision is not taken, we direct respondent to audit the account of petitioners school within one month thereafter to find out the expenditure for which non-salary grants can be claimed by them. After that amount crystalises, we permit petitioners to charge proportionately from every student above 14 years the amount on that account from next academic year i.e. 2019-2020. "

The State Government was accordingly directed to take a suitable decision in terms of the aforesaid directions.

2 CP54-21.odt

In the affidavit filed on behalf of the respondent no.1 it has been stated that in view of the financial position of the State Government in the present pandemic situation it is not possible to provide non-salary grants in the Financial Year 2020-21. In paragraphs 3 and 4 reference is made to the Government Resolution dated 19.01.2013. This Government Resolution was taken into consideration by the Court while issuing the aforesaid directions. We find that from the affidavit as filed, the decision that was directed to be taken in the light of observations made has not been indicated.

Further time of four weeks is granted to the respondents to file affidavit after considering the observations as quoted above.

Stand over four weeks.

(SMT. PUSHPA V. GANEDIWALA, J.) (A. S. CHANDURKAR, J.)

APTE