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Sadashiv Moholkar Shikshan Sanstha and Anr. v. the State of Maharashtra through the Secretary, Dept. of Education and Sports and Ors.

Bombay HC17 Mar 2015WP/2050/2015

Case brief

AI extract

What is this about?

The Court disposed of five writ petitions similarly raising issues regarding salary grants for educational institutions under a 2011 Government Resolution, providing directions on grant release timelines, reservation policy non-compliance, and procedural due process.

What did the court decide?

The grants shall be released to eligible institutions within six weeks, and show cause notices issued within three weeks with a personal hearing and decision within three weeks thereafter.

Sadashiv Moholkar Shikshan Sanstha and Anr… — Pension and Retirement Benefits | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.2050 OF 2015

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1.Sadashiv Moholkar Shikshan Sanstha & Anr....Petitioners

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1.The State of Maharashtra & Ors. ...Respondents

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WITH WRIT PETITION NO.2016 OF 2015

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1.Prerna Shaikshanik Va Samajik Sanstha

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& Anr. ...Petitioners

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vs.

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1.The State of Maharashtra & Ors. ...Respondents

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WITH WRIT PETITION NO.2122 OF 2015

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1.Shri Warna Sarvajank Vikas Mandal & Anr. ...Petitioners vs.

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1.The State of Maharashtra & Ors. ...Respondents

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WITH

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WRIT PETITION NO.2164 OF 2015

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1.Navjeevan Shikshan Sastha & Anr. ...Petitioners vs.

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1.The State of Maharashtra & Ors. ...Respondents

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WITH WRIT PETITION NO.2425 OF 2015

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1.Shri.Basaveshwar Veershaiva Vidyavardhaka Sangha, Bagalkot & Anr. ...Petitioners. V/s.

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1.The State of Maharashtra & Ors. ...Respondents

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Mr.S.S.Pakale i/by. Mr.A.R.Belge, for the Petitioners.

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Mr.Shekhar Bhise, AGP for Respondent-State.

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CORAM : MOHIT S. SHAH, C.J. AND G.S.KULKARNI, J.

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DATE : 17 March 2015

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PC :

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These writ petitions raise similar issues as were raised in Writ Petition No.8478 of 2013 which was disposed of by the order dated 16 July 2014 read with order dated 6 August 2014. The said orders have been subsequently modified by the order passed on 7 January 2015 in Civil Application No.2367 of 2014. Following the aforesaid orders read with aforesaid modification, we dispose of these writ petitions in the same terms, that is to say in terms of the following directions/clarifications:-

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(i) The directions contained in para 6(iii) and (v) for releasing the salary grant under the Government Resolution dated 15 November 2011 shall not apply till the Director of

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Education takes a decision in the matter which shall be done within 6 weeks from today.

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(ii) It is clarified that if an institution is found to be eligible to receive grant under the Government Resolution dated 15 November 2011, it shall not be denied the grant on the ground of not following the reservation policy prior to the date of making the application for the grant under the Government Resolution dated 15 November 2011.

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(iii) If in light of the above directions and clarifications the authorities take any tentative decision to issue a show cause notice for rejecting the application of the concerned school managements, the show cause notice shall be issued within 3 weeks from today giving an opportunity to the school managements to reply and to file documentary evidence after receipt of the show cause notice and the Director of Education shall give them personal hearing and take a decision within 3 weeks thereafter.

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(iv) If no show cause notice is issued to the school management within 3 weeks from today, the authorities shall release the grant in their favour within 6 weeks from today.

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(v) Liberty to apply in case of difficulty.

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(CHIEF JUSTICE)

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(G.S.KULKARNI, J.)

Sadashiv Moholkar Shikshan Sanstha and Anr. v. the State of Maharashtra through the Secretary, Dept. of Education and Sports and Ors.

Case brief

What is this about?

What did the court decide?

Sadashiv Moholkar Shikshan Sanstha and Anr. v. the State of Maharashtra through the Secretary, Dept. of Education and Sports and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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