Dismissed

Swami Vivekanand Shikshan Sanstha, Washim Thr. Presi. Dr. Ishwarchand S/O Sualal Hurkat and Another v. the State of Maharashtra, Thr. Secretary, Social Welfare Dept. Mumbai and Others

Bombay HC12 Jan 2018WP/4615/2016

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking release of non-salary grants withheld due to a management dispute between rival groups over a school trust.

What did the court decide?

The writ petition was disposed of with liberty to parties to approach the authority under Section 41-A of the Maharashtra Public Trust Act, 1950. No order as to costs.

Swami Vivekanand Shikshan Sanstha, Washim Thr… — Education and Admissions | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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WRIT PETITION NO. 4615 OF 2016

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(Swami Vivekanand Shikshan Sanstha & Anr. vs. The State of Maharashra thr. Secretary, Social Welfare Department & Ors.)

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Office Notes, Office Memoranda of Coram,_____________________________________________________________________________ appearances, Court's orders or directions Court's or Judge's orders. and Registrar's Orders.

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CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ. JANUARY 12, 2018.

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Heard Shri Shantanu Khedkar, learned counsel for the petitioners, Ms. N.P. Mehta, learned AGP for respondent Nos. 1 to 3 & 5 and Shri O.Y. Kashid, learned counsel for respondent No. 6.

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Non salary grants are not being released by respondent No. 3 because of dispute in relation to management of petitioner No. 1. Petitioner No. 1 runs School which is petitioner No. 2.

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It appears that there are two groups. The petitioners represent one group while respondent No. 6 who claims to be President represents other group. It is not in dispute that after last elections change reports were filed in 2005 by both groups and same have been rejected. Thus, after 2005, for last 12 years, there are no elections.

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At this stage, it is informed by both the parties that there were subsequent elections and those change

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reports are pending.

The learned counsel for the petitioners submits that non salary grants are required as the children are to be provided nutritious food.

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The rival groups can approach the machinery under the Maharashtra Public Trust Act, 1950, under Section 41-A thereof or any other appropriate provision of the Act and obtain necessary orders from that authority.

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Hence, with that liberty to the parties to approach that forum with suitable reliefs, we dispose of the present writ petition. However, there shall be no order as to costs.

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JUDGE

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JUDGE

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*GS.

Swami Vivekanand Shikshan Sanstha, Washim Thr. Presi. Dr. Ishwarchand S/O Sualal Hurkat and Another v. the State of Maharashtra, Thr. Secretary, Social Welfare Dept. Mumbai and Others

Case brief

What is this about?

What did the court decide?

Swami Vivekanand Shikshan Sanstha, Washim Thr. Presi. Dr. Ishwarchand S/O Sualal Hurkat and Another v. the State of Maharashtra, Thr. Secretary, Social Welfare Dept. Mumbai and Others

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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