Allowed

Association of Aided Colleges of Physical Education v. State of Maharashtra

Bombay HC17 Oct 2011WP/375/2011

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking writ of mandamus to set aside a government decision withdrawing reimbursement of non-salary grant expenditure for aided physical education colleges and directed clearing of pending bills dating back to 2007-08 upon the inability of the State to prove a formal policy change via Government Resolution.

What did the court decide?

Writ of mandamus allowed to set aside the decision to withdraw reimbursement; pending bills for academic years 2007-08 to 2009-10 directed to be cleared within three months.

Association of Aided Colleges of Physical… — Pension and Retirement Benefits | Bombay HC (2011)

OSWP-375-2011

srk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 375 OF 2011

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Association of Aided Colleges of Physical Education (Maharashtra State)

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...Petitioner

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Versus

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The State of Maharashtra and ors. ...Respondents

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Mr.A.L.Gore for petitioner.

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Mr.M.D.Naik, AGP for resp.nos.1 to 4.

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CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ.

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October 17, 2011.

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P.C.

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1. Heard Mr.Gore, the learned counsel for the petitioner – Association

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and Mr.Naik, the learned AGP for the State of Maharashtra.

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OSWP-375-2011

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Rule. Respondents waive service.

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With the consent of the parties, the petition has been finally heard. This petition filed under Article 226 of the Constitution prays for a writ of mandamus or directions in the nature of mandamus so as to set aside the letter dated 10/5/2010 whereby respondent no.4 informed the petitioner Association the decision of the Government to withdraw the earlier decision of reimbursement of the non-salary grant expenditure to the Government aided colleges of physical education in the State of Maharashtra. The petitioner further prays for directions to clear the pending bills of non salary grant expenditure for the academic years 2007-08, 2008-09 and 2009-10.

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The Government of Maharashtra by its GR dated 6^th April 1983 decided that the physical education colleges in the State of Maharashtra would receive the Government aid and thus the GR dated 3^rd October 1979 which was applicable to the Colleges of Arts, Science, Commerce and Education was revised and simplified and made applicable to the Colleges of Physical Education. Consequently all the physical education colleges became aided and have been receiving salary as well as non

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salary grant reimbursement from the State Government all along.

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It is contended by the Petitioner Association that till the academic year 2006-2007 the non salary grants were being regularly reimbursed to

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all the colleges of physical education. However, in the academic year 2007-2008 the bills submitted by all the physical education colleges for reimbursement of non salary grant were not cleared and no reply was received from the State Government. The managements, therefore, submitted the non salary grant bills for the academic years 2008-2009 and 2009-2010. For the first time by the letter dated 22^nd January 2010 the Association was informed by respondent no.4 that the Government of Maharashtra had decided to withdraw the financial assistance of the State Government for non salary grants earlier available to the aided colleges of physical education.

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We have perused the letter dated 22/1/2010 addressed by the Additional Director of Sports and Youth Services to the Section Officer in the Department of School Education and Sports. We have also perused the affidavit in reply filed by the Deputy Director of Sports on behalf of the State Government. It has been contended that that the Council of

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OSWP-375-2011

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Ministers had taken a decision as back as on 24/11/2001 that the formal and non salary grant required review and, therefore, it was decided to reduce it step by step so as to ensure that in the academic year 2004-2005 the non salary grant would be totally withdrawn. It is also admitted that the said decision was communicated to the respondent nos.3 and 4 for the first time in the year 2008. It is further submitted that on 2/7/2011 the Under Secretary informed the Director of Sports and Youth Services that the proposal for granting non salary grant to the aided colleges would stand withdrawn and such reimbursement would not be available in future. In short it is the contention of the State government that on account of the decision of the Council of Ministers taken on 24/11/2001 the non salary grant reimbursement has been stopped from the year 2004-2005 onwards and, therefore, the pending bills cannot be cleared.

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It is not denied by the State Government that the non salary grant bills for the academic years 2004-2005, 2005-2006 and 2006-2007 have been cleared and the amounts have been paid to all the aided colleges of physical education in the State of Maharashtra. Reimbursement of this grant has been stopped only from the academic year 2007-2008 and that

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too without any change in the existing policy as has been followed in

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terms of the GR dated 6^th April 1983. If the Council of Ministers has taken a policy decision on 24/11/2001, that decision must be translated into a Government Resolution and withdraw the earlier Government Resolution dated 6^th April 1983. So long as such a fresh GR pursuant to the Council of Minister’s decision dated 24/11/2001 is not issued by the State Government, it cannot be said that the policy decision of the State Government has to be implemented and consequently the colleges will not be entitled for the reimbursement of the non salary grant. Having reimbursed these bills for the academic years 2004-2005 to 2006-2007 the Government cannot deny the reimbursement for the year 2007-2008 to 2009-2010 unless the Government had issued a Resolution for change in the policy decision based on the Council of Minister’s decision dated 24/11/2001. Admittedly, no such fresh Resolution has been issued by the State Government till this time and, therefore, the State Government cannot rely upon the Council of Minister’s decision dated 24/11/2001 as of now.

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Hence this petition must succeed and the same is hereby allowed.

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Rule is made absolute in terms of prayer clauses (a) and (b) but without any order as to costs. The pending bills be cleared as expeditiously as

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OSWP-375-2011

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possible and preferably within a period of three months in a phased

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manner.

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(SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)

Association of Aided Colleges of Physical Education v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Association of Aided Colleges of Physical Education v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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