Bombay High Court

AKHIL BHARTIYA APANG KALYANKARI PRASARAK MANDAL THR ITS SECRETARY RAJENDRA N JADHAVversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court allowed the petition, directing the State to extend the 100% grant in aid and quashing the 2018 Government Resolution that restricted such grants.

Summary

The petition filed by Akhil Bhartiya Apang Kalyankari Prasarak Mandal sought a mandamus directing the State of Maharashtra to extend a 100% grant in aid (salary and non‑salary) as per a 2015 Government Resolution and a 2025 District Evaluation Committee recommendation, and a certiorari to quash a 2018 Government Resolution that restricted such grants. The Court noted that the matter was previously decided in Writ Petition No. 1775 of 2021, whose review was dismissed for delay and whose Special Leave Petition remains without a stay. Relying on that earlier judgment, the Court allowed the present petition, ordering the State to implement the 100% grant and to set aside the 2018 restrictive resolution. The decision thus affirms the entitlement to full grant in aid for the petitioner’s beneficiaries and nullifies the contrary government order.

Issues considered

Whether the State is obligated to extend a 100% grant in aid to the petitioner under the 2015 Government Resolution and the 2025 District Evaluation Committee recommendation.
Whether the 2018 Government Resolution restricting the grant in aid is legally valid and should be quashed.

Subjects

Writ of Mandamus
Writ of Certiorari
Grant in aid
Government Resolution
Judicial review
Disability welfare

Judgment

2026:BHC-AUG:44320-DB


                                                   *1*

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                945 WRIT PETITION NO.12520 OF 2026

                           Akhil Bhartiya Apang Kalyankari Prasarak Mandal
                                   Thr Its Secretary Rajendra N Jadhav
                                                  Versus
                                        The State of Maharashtra
                                    Thr Principal Secretary And Others
                                                    …..
                            Shri. Anil M. Gaikwad, Advocate for the Petitioner
                           Shri. N. D. Batule, AGP for the Respondent – State.
                                                    …..

                                       CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                       DATE : 24th SEPTEMBER 2026

                P. C. :-

                .          Indisputably, the issue raised in this Writ Petition is
                squarely        covered    by    the     decision   of   this    Court
                [Coram: Smt. Vibha Kankanwadi and S. G. Chapalgaonkar, JJ.]
                in Writ Petition No.1775 of 2021, passed on 18/01/2024.
                Learned AGP submits that, against the said decision review was
                filed and the same is dismissed on the ground of delay.
                Thereafter, SLP is preferred by the State. Admittedly, there is no
                stay granted by the Apex Court, so far, in the SLP filed by the
                State.

                2.         In the light of the above, for the reasons stated in the
                order dated 18/01/2024, the Writ Petition is allowed in terms of
                prayer clauses ‘B’ and ‘C’, which are as follows:
                                *2*


        “B] Issue Writ of Mandamus or any other writ,
        order or direction in the nature of Writ of Mandamus
        directing the respondents to extend the 100% grant
        in aid (salary, non-salary etc.) as per the Government
        Resolution       dated     08.04.2015       and    the
        recommendation by the District Evaluation
        Committee dtd.17.11.2025 and for that purpose issue
        necessary orders.

        C]     Issue Writ of Certiorari or any other writ, order
        or direction in the nature of Writ of Certiorari and
        thereby quash and set aside the Government
        Resolution dated 06.11.2018 which restricts the grant
        of 100% grant in aid towards salary and non salary
        grants and for that purpose issue necessary orders.”




(ABASAHEB D. SHINDE, J.)            (NITIN B. SURYAWANSHI, J.)


GGP

Continue reading with your account

Checking your session…