Maha. Rajya Kayam Vina - Anudanit ... vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 11065 Bom

2023:BHC-NAG:15679-DB


                                                                               12 WP-7247-2023
                                                  1

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR.
                       WRIT PETITION NO.7247 OF 2023
                      [Maharashtra Rajya Kayam Vina-Anudanit Varishta
                   Mahavidyalaya Kruti Samiti ..V/s.. State of Maharashtra and
                                             Anr.]
             ___________________________________________________________________________________
             Office Notes, Office Memoranda of Coram,
             appearances, Court's orders of directions                     Court's or Judge's
             order
             and Registrar's orders.
              Mr S. Marathe, Advocate for Petitioner.
              Mr A. M. Deshpande, I/c. GP for Respondent Nos.1 and 2.


              CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ.

DATE : 26th OCTOBER, 2023.

1. Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2. Mr Deshpande, learned In-charge Government Pleader waives notice for respondents.

3. The petitioner - an Association of permanently non-aided colleges had approached this Court in Writ Petition No.4120 of 2019 (Maharashtra Rajya Kayam Vina-Anudanit Varishta Mahavidyalaya Kruti Samiti vs. State of Maharashtra and Ors.) with a prayer that the words "permanent no grant basis" be held to mean that there would be no grant-in-aid as long as the policy of the State Government was not changed. By the judgment dated 27.06.2022, it was held that the words "on permanent no grant basis" would only mean that there was no denial of no grant permanently and that there was a possibility of making grants available in future in accordance with the policies of the State Government. Pursuant to the aforesaid judgment, the Association

TAMBE 12 WP-7247-2023

sought modification of the orders granting permission to its members. Since these requests are not considered, the present proceedings have been filed.

4. Considering the fact that in the earlier round of litigation, the words "on permanent no grant basis" have been assigned a specific meaning it would be necessary for the respondents to consider the effect of the said decision. In these facts the interest of justice would be served by directing the respondents to consider the representation dated 20.12.2022 (page 74 of the writ petition) in accordance with law and the prevailing policy. After taking into consideration the observations of this Court in Writ Petition No.4120 of 2019, the representation be considered within a period of eight weeks from receiving copy of the present order.

5. Rule is disposed of in aforesaid terms.

(ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.)

Signed by: Mr. Ashish Tambe Designation: TAMBE PA To Honourable Judge Date: 26/10/2023 19:23:33