Partly allowed

Sadguru Balumama Shikshan Prasarak Mandal, Mudhal and Anr. v. the State of Maharashtra, through Secretary, Dept of Education and Sports and Ors.

Bombay HC27 Jan 2015WP/848/2014

Case brief

AI extract

What is this about?

The High Court clarified procedures for releasing salary grants to educational institutions under Government Resolution dated 15 November 2011. It ruled that non-adherence to prior reservation policies does not bar the grant and set strict timelines for issuing show cause notices, conducting hearings, and deciding applications.

What did the court decide?

Clarified eligibility for salary grants, ruled prior reservation non-compliance is not a bar, and fixed timelines for notices, hearings, and grant release.

Sadguru Balumama Shikshan Prasarak Mandal… — Pension and Retirement Benefits | Bombay HC (2015)

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WP 848-2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 848 OF 2014

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Sadguru Balumama Shikshan Prasarak Mandal, Mudhal & Anr.

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.. Petitioners

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V/s

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The State of Maharashtra & Ors.

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.. Respondents WITH WRIT PETITION NO. 846 OF 2015

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Shri Ekveera Seva Pratishthan & Anr. .. Petitioners V/s The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 847 OF 2015 Shrigonda Taluka Gramin Vikas Va Shikshan Sanstha .. Petitioners V/s

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The State of Maharashtra & Ors.

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The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 849 OF 2015 Shri Navale Sunil Eknath & Ors. .. Petitioners V/s

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The State of Maharashtra & Ors. .. Respondents

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WITH WRIT PETITION NO. 9903 OF 2013

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Vasantdada Patil Pratishtan & Anr. .. Petitioners V/s

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The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 848 OF 2015 Shrigonda Taluka Gramin Vikas Va Shikshan Sanstha & Anr. .. Petitioners V/s The State of Maharashtra & Ors. .. Respondents

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Mr. S.S. Pakale with Mr. Avinash R. Belge for the petitioners. Mr. A.B. Vagyani, Government Pleader for the respondents.

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

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DATE : 27 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

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WP 848-2014

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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(B.P. COLABAWALLA, J.)

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ABS

Sadguru Balumama Shikshan Prasarak Mandal, Mudhal and Anr. v. the State of Maharashtra, through Secretary, Dept of Education and Sports and Ors.

Case brief

What is this about?

What did the court decide?

Sadguru Balumama Shikshan Prasarak Mandal, Mudhal and Anr. v. the State of Maharashtra, through Secretary, Dept of Education and Sports and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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