Khateshwar Magasvargiya ... vs State Of Maharashtra, Thr ...
2021 Latest Caselaw 12646 Bom

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

                               WRIT PETITION NO.3051/2019

 Khateshawar Magasvargiya Bahuddeshiya
 Vyaysayik Shikshan Sanstha, Amravati,
 through its President, office at Sambodhi
 Colony, Rahatgaon Amravati,
 Dist. Amravati.                                                                ..Petitioner.
          ..Vs..

 1.       State of Maharashtra,
          through the Principal Secretary,
          Social Justice and Special Assistance
          Department, Mantralaya, Vistar
          Bhavan, Mumbai 400 032.

 2.       The Commissioner (Persons with
          Disabilities), Maharashtra State, 3
          Church Road, Pune 411 001.

 3.       The District Social Welfare Officer,
          Zillah Parishad, Amravati (Group -A),
          Tal. & Dist. Amravati.                                              ..Respondents.
 ------------------------------------------------------------------------------------------------
          Mr. P. S. Patil, Advocate for the petitioner.
          Mr. N. R. Patil, A.G.P. for the respondents.
 ------------------------------------------------------------------------------------------------
                           CORAM :- SUNIL B. SHUKRE AND
                                            ANIL S. KILOR, JJ.

DATED :- 6.9.2021.

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard finally

by consent.

2. The petitioner society runs three special schools for the

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specially enabled children namely (i) Daryaji Shinde Niwasi Matimand

Vidyalaya, Nandgaon Khandeshwar, Tal. Nandgaon Khandeshwar, Dist.

Amravati (ii) Saraswatibai Niwasi Mukbadhir Vidyalaya, Nandgaon

Khandeshwar, Tal. Nandgaon Khandeshwar, Dist. Amravati and

Omshanti Niwasi Matimand Vidyalaya, Sambodhi Colony, Rahatgaon

Amravati, Dist. Amravati. These schools are already registered with

respondent No.2. They are imparting education to the specially

enabled students who are covered by the provisions of Persons With

Disabilities (Equal Opportunities, Protection of Rights and Full

Participation) Act, 1995. The petitioner society had applied for

bringing its three schools run for the specially enabled children on

permanent grants-in-aid basis but, the effort of the petitioner society

yielded no fruitful result and the failure of the petitioner society in this

regard continues till date.

3. The facts narrated above, are not disputed. The further

undisputed facts are that despite the specific directions given by the

coordinate Bench of this Court at Aurangabad while deciding the Writ

Petition No.10180/2012 [Gramin Shramik Pratishthan, Buldhana and

another V/s. The State of Maharashtra and others] on 2 nd September,

2013, no policy regarding extension of grants-in-aid to schools

registered under the provisions of the Act of 1995 has been framed by

the State so far. The observations made by the coordinate Bench of

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this Court at Aurangabad in paragraph Nos.5, 6 and 7 being relevant

are reproduced below:-

"5. It is not necessary for this Court to go into details of rival contentions. Workshop is admittedly being run and children who acquire various skills therein are special children. These children are having various degrees of disabilities. In this situation, many of them may not be in a position to come from their residence to school every day. The State Government, in this situation, cannot rely upon absence of policy to deny grants. The said policy ought to have been evolved immediately after above mentioned legislation came into force. In any case, grants being released for residential services, could not have been and should not have been discontinued.

6. The note put by Finance Department and assailed by Adv. Mr. Gunale correctly points out absence of uniform policy.

7. In the present facts, said grants are discontinued in 2004. Hence, we find it in the interest of justice to direct the respondents to evolve appropriate policy at the earliest looking to the children who are taking education in such workshop all over the State. Once policy is framed, the decision, whether to extend grants or to restore grants can then be taken in accordance with that policy. We, therefore, direct respondent no.1 to evolve appropriate policy within a period of three months from today, without fail. We direct Secretary of that Department to personally supervise this work because children concerned are special children."

Thus, it would be clear that what was to be done by the State

was framing of policy for extending grants-in-aid already made

available to such special schools imparting education to specially

enabled children and not to some selected schools.

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4. Learned A.G.P. submits that the above referred directions were

complied with by the State when it issued Government Resolution

dated 8th April, 2015. Learned counsel for the petitioner points out

that this Government Resolution approves only 123 schools for

availing of the benefit of grants-in-aid of the State Government but

does not allow the other schools to have the same benefit.

5. On a bare perusal of the Government Resolution dated 8th April,

2015, one cannot but agree more with the learned counsel for the

petitioner than the learned A.G.P. for the respondents. This

Government Resolution recognizes status of 123 special schools

specifically named therein as being eligible for receiving the grants-in-

aid from the State Government and accordingly sanctions the

grants-in-aid to these 123 schools. But, this Government Resolution

does not do any more than taking decision regarding sanctioning of

grants-in-aid to these 123 schools. We would have appreciated if this

Government Resolution has also spoken about all the special schools,

not just named therein, and not in terms of identification of their

names but in terms of the prescription of the criteria for their being

eligible to receive the grants-in-aid from the State Government. But,

unfortunately, that is not the position revealed by the Government

Resolution dated 8th April, 2015. So, what we have stated earlier has

to be confirmed by us and, therefore, we find that there is no policy as

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such framed by the State Government regarding sanction of grants-in-

aid to different schools by prescribing the eligibility conditions and

criteria for receiving the same. This is also admitted by respondent

Nos.1 to 3 in their reply filed on affidavit on 13 th August, 2019. In

paragraph No.4 of the reply a categorical statement has been made

that there is no policy to sanction grants-in-aid to the special schools

run by the petitioner nor the petitioner is under consideration by the

State Government. It is further stated that without any policy, the

demand of the petitioner cannot be accepted. This paragraph is

reproduced for convenience as below:-

"4. It is submitted that, there is no policy to sanction grants-in-aid to the Special Schools run by the petitioner nor (sic : not) the petitioner's demand is under consideration of the State Government. Hence without policy, the demand of the petitioner cannot be considered."

6. Now, it is clear that the directions issued by the coordinate

Bench of this Court at Aurangabad by its judgment dated 2 nd

September, 2013 rendered in Writ Petition No.10180/ 2012 have not

been complied with so far. But, the State Government has continued

to grant sanctions for grants-in-aid to the special schools

intermittently, selectively and as per it's will. This could be seen from

the decisions it has taken in respect of some of the special schools.

7. By the Government Resolution issued on 3rd July, 2019 (page

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98), the State Government has sanctioned grants-in-aid to two

schools, namely, (i) Lilatai Deshmukh Specially Enabled Girls School

and Indutai Dhoble Workshop and Rehabilitation Centre for Specially

Enabled Girls, both situated at Nagpur. Of course, in this Government

Resolution, it is stated that such sanction has been granted only as a

special case and thereafter a statement has been made by the State

Government giving a solemn promise that in future no such

grants-in-aid shall be sanctioned by the State Government. The

solemn promise by which the State Government bound itself to not

repeat such act of grant of largesse was implemented only in its

breach when about two and half months later, the State Government

issued yet another sanction for grants-in-aid to three schools by the

Government Resolution issued on 17 th September, 2019 (page 106).

These three schools are (i) Late Umesh Haladkar Specially Enabled

Boys Residential School, Katol Road, Nagpur, (ii) Shri Wasudeorao

Patil Specially Enabled Boys Residential School, Tq. Achalpur, Dist.

Amravati and (iii) Late Sou. Sushilabai Danchand Ghodawat

Residential School for Blinds, Miraj. Dist. Sangli. This Government

Resolution again had the same rhetoric that grants-in-aid are

sanctioned for these three schools only as a special case. This

Government Resolution also reiterated Government's solemn promise

to not grant any aid to special schools in future.

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8. It would be clear from the above referred acts on the part of the

State Government that while it does not make any policy which would

be generally applicable to all the schools for being eligible to receive

grants-in-aids from the State Government, inspite of directions issued

by the coordinate Bench of this Court at Aurangabad on 2 nd

September, 2013 in Writ Petition No.10180/2012, and it also says that

without there being any such policy in existence, special schools like

the one involved in this petition could not be given any grants-in-aid,

it intermittently and conveniently goes on a spree to sanction similar

grants-in-aid to some different special schools. Such action of the

State Government speaks of arbitrariness of high degree, which makes

some special schools enjoy the largesse given to them by the

Government and deprives other special schools of the same, and that

too on the whims of the Government, in the name of special case and

on the solemn promise of not repeating the act in future, which is

observed more in breach than it's keeping. This arbitrariness has been

the cause of injustice to less fourtunates like the petitioner and it

deserves to be removed by this Court by invoking its extraordinary

jurisdiction under Article 226 of the Constitution of India. This is all

the more so because respondent No.2 by its communication dated

3.6.2019 has sent a report for sanctioning of grants-in-aid to three

schools run by the petitioner society.

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9. In the result, the petition is allowed. We direct the State

Government to examine the proposals of the petitioner society for

sanctioning grants-in-aid to schools run by the petitioner society on

the similar lines as the State Government has done while sanctioning

the grants-in-aid under the Government Resolutions dated 8 th April,

2015, 3rd July, 2019 and 17th September, 2019 and make them

available the grants-in-aid, in accordance with law.

10. We further direct the State Government, by way of reiteration

of the directions already issued by the coordinate Bench of this Court

at Aurangabad on 2nd September, 2013 in Writ Petition

No.10180/2012, to frame a policy for sanctioning grants-in-aid on

permanent basis to the special schools run by different societies across

State of Maharashtra within a period of six months from the date of

the judgment. Rule accordingly.

11. Put up after six months for compliance.

                               JUDGE                                        JUDGE




 Tambaskar.