Disposed

Shri Gurudev Shikshan Prasarak Mandal v. the State of Maharashtra through Principal Secretary and Ors.

Bombay HC12 Jun 2019WP/6136/2016

Case brief

AI extract

What is this about?

Writ petition by a charitable trust seeking direction to the State Government to release pending grant-in-aid funds for a children's home. Court disposed of petition by issuing pari passu directions to earlier petitions in similar cases for assessment and disbursement of grants.

What did the court decide?

Directed the respondent Authority to assess the petitioner's documents and release the grant-in-aid for the financial year 2015-2016 onwards if eligible.

Shri Gurudev Shikshan Prasarak Mandal Vs the State… — Education and Admissions | Bombay HC (2019)

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1 8 WP 6136-2016.doc

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Sequeira

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6136 OF 2016.

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Shri Gurudev Shikshan Prasarak Mandal .. Petitioner Vs

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The State of Maharashtra and others .. Respondents

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Mr.Umesh Kurund, for the Petitioner.

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Ms.Nisha Mehra, Additional Government Pleader, for Respondent -State.

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CORAM : PRADEEP NANDRAJOG, C.J. & N.M.JAMDAR, J. Date : 12 June, 2019.

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P.C. :

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Heard learned counsel for the parties.

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Petitioner is a public charitable Trust and has established

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a Children's home in District Solapur. It is pleaded that under a

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Government Resolution dated 22 December 2006, Maharashtra

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Government was to provide grant-in-aid for each Juvenile housed in

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2 8 WP 6136-2016.doc

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Children's home at the rate of 500/- per month enhanced to900/- per child per month. It is pleaded that since the year 20102011 full grant-in-aid has not been disbursed. Only 40% has been disbursed. Pleading that lack of funds is hampering the Petitioner in continuing with the running of the Children's home, prayer made is to direct the Respondents to conduct the necessary assessment and grant approval to the Petitioner and thereafter release the grant-in-aid for the year 2015-2016 onwards.

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We note that large number of such Petitions were being

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filed in this Court and the consistent directions issued therein are that upon the Petitioner producing requisite documents before the competent Authority, the Authority shall evaluate the documents and if it is found that some further documents are required would call upon the Petitioner to submit the relevant documents. Suffice it to state that the documents would relate to the infrastructure and the number of children housed in the Children's home set up by the Petitioner. On re-assessment or revaluation of the cases, directive issued was to pass necessary orders and if found eligible to disburse

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3 8 WP 6136-2016.doc

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the grant in aid for the financial year 2015-2016 onwards.

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We dispose of the Petition passing pari pasu directions

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which were issued in Writ Petition No.5811 of 2016, on 31 January

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The mandamus issued therein would be read as a mandamus

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in the instant Petition.

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N.M.JAMDAR, J. CHIEF JUSTICE

Shri Gurudev Shikshan Prasarak Mandal v. the State of Maharashtra through Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Shri Gurudev Shikshan Prasarak Mandal v. the State of Maharashtra through Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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