Khateshwar Magasvrgiya Bahuuddeshiya ... vs Sumit Bhange, Secy. Social Justice And ...
2024 Latest Caselaw 23935 Bom

Bombay High Court

Khateshwar Magasvrgiya Bahuuddeshiya ... vs Sumit Bhange, Secy. Social Justice And ... on 14 August, 2024

Author: M. W. Chandwani

Bench: Avinash G. Gharote, M. W. Chandwani

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR.
                  CONTEMPT PETITION NO. 167 OF 2023
                                  IN
                  WRIT PETITION NO. 3051 OF 2019 (D)
                 Khateshwra Magasvargiya Bahuuddeshiya Vyavsayik
                            Shikshan Sanstha, Amravati
                                         -Vs.-
         Sumit Bhange, Secretary, Social Justice and Special Assistance Deptt.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders      Court's or Judge's Orders.
or directions and Registrar's orders.
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                       Mr. P.S.Patil, Adv. for the petitioner.
                       Mr. N.R.Patil, AGP for the respondents-State.


                                        CORAM : AVINASH G. GHAROTE &
                                                M. W. CHANDWANI, JJ.

DATE : 14TH AUGUST, 2024

Clause 9 of the judgment dated 06/09/2021 in Writ Petition No.3051 of 2019 has not been complied with, on the ground that in respect of those societies in whose favour the Government Resolutions dated 03/07/2019 and 17/09/2019, was there, on account of rejection by the Finance Department, no grant-in-aid, has been granted to the societies as indicated in para-7 of the said judgment. Mr.Patil, learned counsel for the petitioner, however, invites our attention, to the Government Resolution dated 11/03/2024 in the case of Vishwabala Samajik Bahuuddeshiya Sevabhavi Sanstha, which runs three special Schools in respect of whom financial approval has been granted by the Finance Department, though with the prior

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approval of the High Power Committee. He, therefore, submits that the plea, which is being sought to be raised, of rejection of approval to the proposal to the finance is in fact discriminatory and indicates a defiant attitude on the part of the State not to comply with the directions as passed by this Court. A perusal of the GR dated 11/03/2024 (Pg.199) vide clause 4 (Pg.203) indicates that financial approval has been granted to the aforesaid society by the Finance Department. This prima facie demonstrates a partisan attitude on the part of the Finance Department of the State in considering applications/proposals for grant-in-aid to special schools. Not only this, it also indicates prima facie non-compliance of the directions as contained in para-9 of the judgment of this Court dated 06/09/2021 (Pg.36). In view of the above, learned AGP seeks some time to take instructions, which is the only reason why we are not directing the Principal Secretary to remain present in the Court to answer the charge of contempt.

2. List the matter on 27/08/2024.

(M.W.CHANDWANI, J) (AVINASH G. GHAROTE, J)

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 14/08/2024 16:05:21 KHUNTE