Allowed

Upekshit Janata Seva Sangh, Ulhasnagar, through President and Ors. v. the State of Maharashtra, through Secretary, School Education Dept and Ors.

Bombay HC25 Feb 2013WP/11021/2012

Case brief

AI extract

What is this about?

The High Court of Bombay, Civil Appeal Jurisdiction, ordered compliance of a 2006 interim order directing the State to sanction 40% grant-in-aid to a school. The Court awarded 10% annual interest on the due amount from the compliant date, emphasizing the State's responsibility to implement prior rulings. The petition was disposed of with this direction and no order as to costs.

What did the court decide?

Order of 25.09.2006 to be complied by 30.04.2013; interest at 10% p.a. payable from 01.05.2013 if not complied; respondents to reconsider the proposal ensuring legality.

Upekshit Janata Seva Sangh, Ulhasnagar, through… — Education and Admissions | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.11021 OF 2012

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Upekshit Janata Seva Sangh & Anr. ...Petitioners V/s.

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The State of Maharashtra & Ors.

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...Respondents

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Mr.Narendra V. Bandiwadekar for the Petitioners.

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Ms.Sushma Bhende, A.G.P. for the State – Respondent Nos.1 to 4.

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CORAM : S.J. VAZIFDAR &

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MRS.MRIDULA BHATKAR, JJ. DATE : 25TH FEBRUARY, 2013.

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P.C. :-

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Rule. Rule is made returnable forthwith and heard finally.

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The petitioners in effect seek the implementation of an -order of the Division Bench dated 25.09.2006 in the petition filed by the petitioners against the same respondents being Writ Petition No.8635 of 2005. which reads as under :-

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“1. Heard Mr.Bandiwadekar, the learned Counsel for the Petitioners. We have perused affidavit in reply filed by the Deputy Education Officer (Secondary), Zilla Parishad, Thane and also the affidavit in reply filed by Joint Director of Education, Maharashtra State, Pune, in obedience to our order

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dated 11.9.2006.

Rule.

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Mr.Sonpal, the learned AGP waives service for the Respondents.

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There shall be interim relief in terms of prayer clause (d).”

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Prayer clause (d) referred to in the above order, reads as

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under :-

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“(d) Pending the hearing and final disposal of this Petition, the Respondent No.1 be directed to sanction the grant-in-aid to the Petitioner No.2 School at 40% for the A.Y. 2004-05”.

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There is no reason why the order has not been complied with for seven years.

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In the circumstances, the writ petition is disposed of by the following order :-

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i). The order dated 25.09.2006 shall be complied with on or before 30.04.2013, failing which respondent No.1 shall pay interest on the amounts found due at the rate of 10% p.a. from 01.05.2013 till payment and/or realization.

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ii). It is clarified that the amounts shall be paid in accordance with law as directed by the order dated 25.09.2006. The respondents

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shall consider / re-consider the correctness of the proposal from respondent No.4 to respondent No.3 (Exhibit “J”) to ensure that it is in accordance with law and the said order of the Division Bench.

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The writ petition is, accordingly, disposed of with no order as to costs.

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(MRS.MRIDULA BHATKAR, J.) (S.J. VAZIFDAR, J.)

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Upekshit Janata Seva Sangh, Ulhasnagar, through President and Ors. v. the State of Maharashtra, through Secretary, School Education Dept and Ors.

Case brief

What is this about?

What did the court decide?

Upekshit Janata Seva Sangh, Ulhasnagar, through President and Ors. v. the State of Maharashtra, through Secretary, School Education Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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