In this PIL, the High Court disposed of the petition after the AGP clarified that the State Government had resumed non-salary grants to aided schools. The court held that such financial policy decisions are not subject to judicial review under Article 226.
PIL disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PIL. 195-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION
PUBLIC INTEREST LITIGATION No. 195 OF 2015
| Manoj Suresh Pingle Vs. |
… | Petitioner |
|---|---|---|
| The State of Maharashtra & Ors. | … | Respondents |
None for the Petitioner.
Mr. N. P. Deshpande, AGP for the Respondent Nos. 1. Ms. Anjali R. Shiledar Baxi, for Respondent No. 3.
Mr. Shekhar Jagtap i/b J. Shekhar & Co., for Respondent No. 2.
*** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ. DATE : FEBRUARY 23, 2016
PC.
. Learned counsel Ms. Anjali Shiledar-Baxi, appearing on
behalf of Respondent No. 3 – MSEDC submits that they have not disconnected the electric supply of 177 schools in Nashik district, as alleged by the Petitioner. None appears on behalf of the Petitioner.
Learned AGP Mr. N. P. Deshpande submits that prior to 19th June, 2013 the State Government, as a matter of policy, was not giving non salary grant to the aided schools. It is submitted that, however, from
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PIL. 195-15
31st March, 2013 by G. R. the State Government has again started giving non salary grants to the aided schools. In view of this statement, nothing survives in the PIL. The policy decision of not paying non-salary grants to the aided schools cannot be questioned by filing PIL under Article 226 of the Constitution of India, since the Government is entitled to take policy decision in respect of financial matters. In view of the statement made, on instructions, by the learned AGP Mr. N. P. Deshpande, appearing on behalf of the State, PIL is disposed of.
Sd/Sd/[REVATI MOHITE DERE, J.] [V. M. KANADE, J.]
Vinayak Halemath
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1 issue framed by the court
Whether a policy decision regarding non-salary grants to aided schools can be challenged via a PIL under Article 226 of the Constitution of India.
1 provisions across 1 enactments
Manoj Suresh Pingle
The State of Maharashtra
MSEDC
V. M. Kanade
Revati Mohite Dere
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
