Bombay High Court
SHRI MAHATMA PHULE SHIKSHAN SANSTHA MOREWADI THOROUGH ITS PRESIDENTversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The State must decide the petitioners’ grant-in-aid claims on their merits within four months, after the Finance Department’s restrictions are withdrawn and a competent officer’s recommendation is obtained.
Summary
The petitioners, a group of primary Ashram schools, filed writ petitions seeking grant-in-aid comparable to that granted to Mauli Dnyaneshwar Shikshan Sanstha. They relied on a Government Resolution dated 25/05/2021, which, however, stipulated that any grant-in-aid decision could only be made after the Finance Department’s restrictions (issued on 04/05/2020) were lifted and a competent officer’s recommendation was obtained. The Court examined the operative clause (2) of the resolution and concluded that the State must first satisfy these pre‑conditions before a separate decision can be taken. Accordingly, the Court directed the State (respondent No.1) to consider the petitioners’ claims on their merits. The Court set a deadline of four months from receipt of the order for the State to render its decision. The writ petitions were thereafter disposed of.
Issues considered
- Whether the petitioners are entitled to grant-in-aid under the Government Resolution despite the Finance Department’s restrictions.
- Whether the State is required to decide the grant-in-aid claims after the lifting of said restrictions and after a competent officer’s recommendation.
Subjects
- grant-in-aid
- primary Ashram schools
- government resolution
- finance department restrictions
- writ petition
- High Court of Bombay
Judgment
2026:BHC-AUG:15777-DB
1 945-WP-2002-23+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2002 OF 2023
SANT GOROBAKAKA SHIKSHAN PRASARAK MANDAL, YELDA
VERSUS
THE STATE OF MAHARASHTRA SECRETARY AND OTHERS
...
WITH
WRIT PETITION NO. 14697 OF 2019
SHRI MAHATMA PHULE SHIKSHAN SANSTHA, MOREWADI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 14701 OF 2019
MANVATA SHIKSHAN PRASARAK MANDAL, PARALI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 15425 OF 2019
VAIBHAV SHIKHAR SHIKSHAN PRASARAK MANDAL, AURANGABAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Vivek V. Kabade, Advocate for the Petitioners
Mr. N. D. Batule, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI AND
VAISHALI PATIL JADHAV, JJ.
DATE : 08th APRIL, 2026
PER COURT :
1. By these petitions, the petitioners claim grant-in-aid to
their respective Primary Ashram Schools, as is granted in favour of
Mauli Dnyaneshwar Shikshan Sanstha, Belkheda, Taluka Jintoor,
SVH
2 945-WP-2002-23+.odt
District Parbhani, which according to the petitioners was similarly
situated institution.
2. While granting permission to the petitioners in terms of
Government Resolution dated 25/05/2021, it is mentioned in clause
(2) that after restrictions imposed by the Finance Department as per
the Government Resolution dated 04/05/2020 are lifted/ withdrawn
and after recommendation of competent o:cer, separate decision
will be taken in respect of grant-in-aid.
3. In view of the aforesaid, we direct respondent No.1 to
decide the petitioners’ claims for grant-in-aid on it’s own merits,
within a period of four months from the date of receipt of copy of
this order.
4. The writ petitions are accordingly, disposed of.
(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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