The High Court dismissed a writ petition seeking recovery of grant-in-aid for two primary schools. The Court held that the issue involved disputed questions of facts, preventing it from exercising its extraordinary jurisdiction under Article 226.
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wp 1975.2000
dss
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1975 OF 2000
M/s. Malad Kandivli Education Society & Anr. .. Petitioners
Vs.
The Municipal Corporation of Greater Bombay & Anr. .. Respondents ***
Mr.S.J. Panicker for the Petitioners.
Mr. Vinod Mahadik for the Respondents.
CORAM : V. M. KANADE, AND M. S. SONAK, JJ. RESERVED ON NOVEMBER 26, 2013. PRONOUNCED ON: FEBRUARY 10,2014.
P.C.
Society, a society registered under the Societies Registration Act,
1860 has established and administers inter alia the following three primary schools:
i) Seth N.L. High School Gujarati Primary School, - (Gujarati Medium). ii) Seth N.L. High School Hindi Primary School (Hindi Medium)
The aforesaid Schools, which are recognized by the Municipal
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wp 1975.2000
Corporation of Greater Mumbai (MCGM), i.e., Respondent No.1 and eligible to receive grants in terms of the Grant-in-Aid Code as applicable to the approved private primary schools in Greater Bombay.
2] By the present petition under Article 226 of the Constitution of India, the Petitioners seek to recover grant in an amount of Rs.25,24,973/- alongwith interest at the rate of 18% per annum for
the year 1994-1995, which according to the Petitioners has not been
paid by Respondent No.1-MCGM. The break-up being as follows:-
| 1) | Rs.21,67,113/- | In respect of High School Primary School Medium. |
Seth N.L. Gujarati - Gujarati |
|---|---|---|---|
| 2) | Rs.3,57,860/- | In respect of High Schoo PrimarySchool |
Seth N.L. l Hindi |
3] This petition was tagged alongwith Writ Petition No.222 of 1997, in which a similar issue was involved.
4] The judgment and order passed in Writ Petition No.222 of 1997 covers the issue raised in the present petition. The said petition
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wp 1975.2000
came to be dismissed on the ground that it involved disputed questions of fact, which could not be conveniently gone into by this Court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India. The same is the position in the present case as well.
5] Accordingly, for the reasoning set out in the judgment and order passed in Writ Petition No.222 of 1997, we deem it appropriate to dismiss this petition as well.
6] The petition is accordingly dismissed and rule is discharged. However, there shall be no order as to costs.
[M. S. SONAK, J.] [V. M. KANADE, J.] Dinesh
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2 issues framed by the court
Whether the High Court can adjudicate the disputed facts regarding the payment of grant-in-aid for schools under Article 226.
Whether the petitioner is entitled to recover the grant-in-aid amount admitted as due but withheld due to disputed facts.
M/s. Malad Kandivli Education Society & Anr.
The Municipal Corporation of Greater Bombay & Anr.
V. M. KANADE
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
