Bombay High Court
Dnyansagar Shikshan Prasarak Mandal ... vs The State Of Maharashtra And Ors on 30 September, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:38825-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7436 OF 2006
1. Dnyansagar Shikshan Prasarak Mandal, ]
Ulhasnagar ]
2. Vikas Mandir Madhyamik Vidyalay, ]
Ulhasnagar ] .. Petitioners
Versus
1. The State of Maharashtra, ]
Through School Education Department ]
2. The Dy. Director of Education, ]
Mumbai Region, Mumbai ]
3. The Education Officer (Secondary), ]
Zilla Parishad, Thane ] .. Respondents
ALONG WITH
WRIT PETITION NO.7437 OF 2006
1. Al Hamd Education Society, Bhiwandi, Thane ]
2. Al Hamd High School, Bhiwandi, Thane ] .. Petitioners
Versus
1. The State of Maharashtra, ]
Through School Education Department ]
2. The Dy. Director of Education, ]
Mumbai Region, Mumbai ]
3. The Education Officer (Secondary), ]
Zilla Parishad, Thane ] .. Respondents
Mr. Narendra V. Bandiwadekar, Senior Advocate, with Mr. Rajendra B.
Khaire and Mr. Aniket S. Phapale, Advocates for the Petitioners in both the
Petitions.
Mr. N.K. Rajpurohit, Assistant Government Pleader for the Respondents in
WP/7436/2006.
Smt. D.S. Deshmukh, Assistant Government Pleader for the Respondents
in WP/7437/2006.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 30TH SEPTEMBER, 2024.
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25-WP-7436-2006 & WP-7437-2006.doc
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ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. In both these writ petition the petitioners, the Management and the
Secondary School being run by it, have challenged the orders dated 17 th
August 2006, respectively, issued by the 1st respondent holding the
petitioner no.2-Secondary Schools ineligible for receiving grant-in-aid for
the academic year 2005-06. The petitioners have sought a declaration that
their respective schools are entitled to receive such grant-in-aid.
2. One of the grounds of challenge raised by the petitioners is that an
inspection was conducted with regard to the number of students that were
taking education in the academic year 2005-06. The minimum
requirement of 35 students under the Government Resolution dated 17 th
February 2004 prescribed this number. The District Committee allotted full
marks to both the schools as they have complied with the said norm. The
State Committee however considered an earlier report and granted zero
marks. This was contrary to the requirements prescribed.
3. While issuing Rule in both the writ petitions, interim relief in terms
of prayer clause (d) was granted. As a result, both the schools started
receiving 40% grants from the academic year 2005-06. Ultimately, from
the academic year 2008-09, both the schools started receiving 100%
grant-in-aid. This position continues even today and as per the additional
affidavit filed on behalf of the petitioners in both the petitions, they
25-WP-7436-2006 & WP-7437-2006.doc
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continue to receive 100% grant-in-aid. Both the writ petitions were
directed to be heard with Writ Petition No.8635 of 2005. That writ
petition came to be allowed on 29 th August 2024 by making the interim
relief absolute.
4. In view of the aforesaid, we find that the requisite norms prescribed
in the matter of number of students having been found to be satisfied by
the District Committee, the interim relief granted in both the writ petitions
deserves to be made absolute. Accordingly, both the writ petitions are
allowed by making the interim order absolute. Subject to satisfying the
prevailing norms, both the schools would continue to receive 100% grants.
The impugned communications dated 17th August 2006, respectively, are
therefore set aside. It is clarified that in case the respondents notice any
deficiencies in future, they are free to take appropriate steps in accordance
with law.
5. Rule is made absolute in aforesaid terms with no order as to costs.
Both the writ petitions are disposed of.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
25-WP-7436-2006 & WP-7437-2006.doc
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