Disposed

Late Dinkarrao Va Shamrao Pawar-Patil Bandhu Shaikshnik, Kala, Krida Va Sanskrutik Sanstha v. the State of Maharashtra through the Secretary, School Education and Sports Dept. and Ors.

Bombay HC29 Jan 2015WP/652/2015

Case brief

AI extract

What is this about?

High Court Bench disposed of five concurrent writ petitions concerning salary grants to educational institutions. The court issued directions clarifying eligibility criteria, timelines for decision-making, and procedural safeguards regarding show cause notices and grant release under a 2011 Government Resolution.

What did the court decide?

Directions issued for release of salary grants to eligible school managements within specified timelines and procedural safeguards.

Late Dinkarrao Va Shamrao Pawar-Patil Bandhu… — Education and Admissions | Bombay HC (2015)

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WP 652-2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 652 OF 2015

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Late Dinkarrao Va Shamrao Pawar Patil

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Bandhu Shaikshini Kala, Krida Va Sanskruti V/s

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The State of Maharashtra & Ors.

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.. Respondents

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WITH

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WRIT PETITION NO. 653 OF 2015

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Shri Rajarshri Shahu Chhatrapati Shikshan Prasarak Mandal & Anr. .. Petitioners

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V/s

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The State of Maharashtra & Ors.

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.. Respondents WITH

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WRIT PETITION NO. 654 OF 2015

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Kisanrao More Education Society, Sarvade & Anr. .. Petitioners V/s

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The State of Maharashtra & Ors.

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.. Respondents

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WITH

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WRIT PETITION NO. 655 OF 2015

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Jay Shivray Education Society, Murgud & Anr. .. Petitioners V/s

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The State of Maharashtra & Ors.

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.. Respondents

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WITH

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WRIT PETITION NO. 656 OF 2015

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Kanasa Khora Shikshan Prasarak Mandal, Sarud & Anr. .. Petitioners V/s

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The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 657 OF 2015 Ma. Kha. Udaysingrao Gaikwad Shikshan Sanstha AasurlePorle & Anr. .. Petitioners V/s The State of Maharashtra & Ors. .. Respondents

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WP 652-2015

Mr. Prashant Bhavake for the petitioners.

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Mr. A.B. Vagyani, Government Pleader with Mr. P.G. Sawant, A.G.P. for the respondents.

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CORAM: MOHIT S. SHAH, C.J. & B.P. COLABAWALLA, J.

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DATE : 29 JANUARY 2015

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P.C.:

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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 our order dated 16 July 2014 read with order dated 6 August 2014. The said orders have been subsequently modified by our order passed on 7 January 2015 in Civil Application No.2367 of 2014. Following the aforesaid orders read with aforesaid modification, we dispose of this batch of 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 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

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WP 652-2015

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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(B.P. COLABAWALLA, J.)

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ABS

Late Dinkarrao Va Shamrao Pawar-Patil Bandhu Shaikshnik, Kala, Krida Va Sanskrutik Sanstha v. the State of Maharashtra through the Secretary, School Education and Sports Dept. and Ors.

Case brief

What is this about?

What did the court decide?

Late Dinkarrao Va Shamrao Pawar-Patil Bandhu Shaikshnik, Kala, Krida Va Sanskrutik Sanstha v. the State of Maharashtra through the Secretary, School Education and Sports Dept. and Ors.

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

Case details

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