Rashtriya Shikshan Prasarak ... vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 9841 Bom

2023:BHC-NAG:14051-DB

              WP-6443-2023                                 1                     Judgment

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

                               WRIT PETITION NO. 6443 OF 2023

              Navsanjivan Shikshan Prasarak Mandal,
              Darwha, Tq. Darwha, Dist : Yavatmal,
              through its Secretary Smt. Madhuritai d/o Nanasaheb Pole,
              aged about 60 years, Occ. Agri/Secretary,
              R/o Jijamata Kanya Shala, Arni Road,
              Darwha, Tq. Darwha, Dist : Yavatmal.
                                                                               PETITIONER
                                             .....VERSUS.....
              1.   The State of Maharashtra,
                   through its Secretary,
                   Social Justice and Special Assistance Department,
                   Mantralaya, Mumbai.

              2.   The Secretary,
                   Other Backward Bahujan Welfare Department,
                   Mantralaya, Mumbai.

              3.   The Director, Other Backward Bahujan Welfare Department,
                   Maharashtra State, Pune.

              4.   Regional Deputy Commissioner,
                   Other Backward Bahujan Welfare Department,
                   Tq. and Dist. Amravati.
                                                                             RESPONDENTS

WITH

WRIT PETITION NO. 6444 OF 2023

Smt. Laxmibai Raghoji Ingale Shikshan Prasarak Mandal, Morchandi, Tq. Umarkhed, Dist. Yavatmal, through its President Shri Uttamrao s/o Raghoji Ingale, aged about 58 years, Occ. Agri/President, R/o Nath Nagar, Umarkhed, Tq. Umarkhed, District - Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

 WP-6443-2023                                 2                    Judgment

2.   The Secretary,

Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

WITH

WRIT PETITION NO. 6445 OF 2023

Rashtriya Shikshan Prasarak Mandal, Loni, Tq. Arni, District - Yavatmal, through its Secretary Smt. Laxman s/o Hanumant Pawar, aged about 60 years, Occ. Agri/Secretary, R/o Pruthviraj Nagar, Wadgaon, Tq. and District - Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

WITH

WRIT PETITION NO. 6446 OF 2023

Priyadarshini Shikshan Sanstha Amni (Bk), Tq. Mahagaon, Dist. Yavatmal, WP-6443-2023 3 Judgment

through its Secretary Sau. Vanmalatai w/o Babusing Rathod, aged about 63 years, Occ. Agri/Secretary, R/o At Post - Amni (Bk), Tq. Mahagaon, District - Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

WITH

WRIT PETITION NO. 6447 OF 2023

Arunawati Shikshan Prasarak Mandal Heti (Y.), Tq. Arni, Dist. Yavatmal, through its Secretary Shri Bharat s/o Gowardhan Rathod, aged about 73 years, Occ. Agri/Secretary, R/o 27, Anjaniya Society, Yavatmal, Tq. and Dist. Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

WP-6443-2023 4 Judgment

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

WITH

WRIT PETITION NO. 6448 OF 2023

Prashik Shikshan Sanstha, Chikni Domga, Tq. Ner, Dist. Yavatmal, through its President Shri Mohan s/o Govindrao Bhoyar, aged about 62 years, Occ. Agri/President, R/o At Post - Chikni Domga, Tq. Ner, Dist. Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

WITH

WRIT PETITION NO. 6449 OF 2023

Navdurga Shikshan Prasarak Mandal, Pusad, Tq. Pusad, Dist. Yavatmal, through its Secretary Smt. Sandhya w/o Vijayrao Chavan, aged about 65 years, Occ. Agri/Secretary, R/o Gandhi Nagar, Pusad, Tq. Pusad, District - Yavatmal.

PETITIONER .....VERSUS.....

WP-6443-2023 5 Judgment

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

WITH

WRIT PETITION NO. 6450 OF 2023

Late Amrutrao Patil Pratishtan, Khed, Tq. Arni, Dist. Yavatmal, through its Secretary Shri Anil s/o Ramji Ade, aged about 52 years, Occ. Agri/Secretary, R/o At Post - Gandhi Nagar, Arni, Tq. Arni, Dist. Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

                                                              RESPONDENTS

                                     WITH
 WP-6443-2023                                  6                   Judgment

WRIT PETITION NO. 6451 OF 2023

Shankar Shikshan Va Krida Prasarak Mandal, Rui (Talav), Tq. Digras, Dist. Yavatmal, through its Vice President Shri Vivek s/o Prem Rathod, aged about 33 years, Occ. Agri/Vice President, R/o Laddha Nagar, Darwah, Tq. Darwah, District - Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

WITH

WRIT PETITION NO. 6452 OF 2023

Late Motiram Naik Shikshan Sanstha, Vithala, Tq. Digras, Dist. Yavatmal, through its Secretary Shri Sudhakar s/o Piru Jadhav, aged about 65 years, Occ. Agri/Secretary, R/o Jijau Nagar, Digras, Tq. Digras, District - Yavatmal.

PETITIONER .....VERSUS.....

1. The State of Maharashtra, through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

2. The Secretary, Other Backward Bahujan Welfare Department, WP-6443-2023 7 Judgment

Mantralaya, Mumbai.

3. The Director, Other Backward Bahujan Welfare Department, Maharashtra State, Pune.

4. Regional Deputy Commissioner, Other Backward Bahujan Welfare Department, Tq. and Dist. Amravati.

RESPONDENTS

Shri V.B. Jadhav, Advocate for the petitioner. Ms N.P. Mehta, Assistant Government Pleader for the respondents.

CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE : SEPTEMBER 25, 2023 ORAL JUDGMENT :(PER : A.S. CHANDURKAR, J.)

Rule. Rule made returnable forthwith and heard the learned

Counsel for the parties. The learned Assistant Government Pleader waives

notice for the respondents.

2] Each petitioner - Education Society is running a Higher

Secondary Ashram School/Junior College since Academic Session - 2009-

10. The Institution claims entitlement to non-salary grants in terms of the

Government Resolution dated 26/6/2008. It is the case of the petitioners

that pursuant to the Government Resolution dated 17/9/2019, its

Institution is being inspected and recommendation has been made for

release of non-salary grants. It is pointed out that by the Government

Resolution dated 8/3/2019, such benefit has been made admissible to

similarly situated Institutions which are 94 in number from the Academic WP-6443-2023 8 Judgment

Session 2012-13. By inviting attention to the order passed in Shri

Vasantrao Naik VJNT Adarsh Shikshan Prasarak Mandal, through its

President Vs. The State of Maharashtra & Ors. [Writ Petition No.

10367/2022 decided on 30/1/2023] with other connected Writ Petitions

at the Aurangabad Bench, it is submitted that after noticing the fact that

inspection reports were available with the department of Social Justice

and Special Assistance, a direction was issued to consider the entitlement

of the Institution for release of unpaid non-salary grants. Since the

petitioners claim to be similarly situated, an identical direction is sought.

3] The learned Assistant Government Pleader for the

respondents submits that pursuant to the inspection report that has been

submitted to the Other Backward Bahujan Welfare Department, it would

be necessary to examine the same before any decision is taken for release

of non-salary grants.

4] We find that with regard to similarly situated Institutions,

this Court in Shri Vasantrao Naik VJNT Adarsh Shikshan Prasarak

Mandal, through its President (supra) has directed consideration of the

inspection reports and thereafter a decision has been directed to be taken

within a period of 90 days. We are inclined to issue similar direction since

the petitioners appear to be similarly situated.

                             WP-6443-2023                                 9                    Judgment

                            5]              Accordingly, for the reasons recorded in Shri Vasantrao Naik

VJNT Adarsh Shikshan Prasarak Mandal, through its President (supra),

since the inspection report pertaining to the petitioners has been received

by respondent no.2 department, it is directed that within a period of 90

days of receiving copy of this judgment, respondent nos. 1 and 2 shall

take a decision with regard to release of unpaid non-salary grants to the

petitioners. In case the petitioners are not satisfied with the decision

taken, they are free to take recourse to appropriate legal remedy. The

decision taken be communicated to the petitioners.

6] Rule is disposed of in the aforesaid terms with no order as

to costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.) Sumit

Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 26/09/2023 14:40:01