Bombay High Court

MANVATA SHIKSHAN PRASARAK MANDAL PARLI THROUGH ITS PRESIDENTversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

The Court directed the State to decide the petitioners’ grant‑in‑aid claims on their merits within four months, after the conditions of the resolution are satisfied.

Summary

The petitioners, a group of primary Ashram schools, filed writ petitions seeking grant‑in‑aid similar to that granted to another institution. They relied on a Government Resolution dated 25‑05‑2021, which, however, stipulated that any such grant could be decided only after the Finance Department’s restrictions (per a 04‑05‑2020 resolution) were lifted and a competent officer’s recommendation was obtained. The Court examined the wording of clause (2) of the 2021 resolution and concluded that the State must first satisfy those conditions before making a separate decision. Accordingly, the Court directed the State (respondent No.1) to consider the petitions on their merits within four months of receiving the order. The writ petitions were then disposed of.

Issues considered

What is the entitlement of the petitioners to grant‑in‑aid under the Government Resolution dated 25‑05‑2021?
Whether the Finance Department’s restrictions imposed by the 04‑05‑2020 resolution must be lifted before a grant‑in‑aid can be awarded?
Whether a recommendation of a competent officer is a prerequisite for a separate decision on grant‑in‑aid?

Subjects

grant-in-aid
primary Ashram schools
government resolution
finance department restrictions
writ petition
High Court of Bombay
education funding

Judgment

2026:BHC-AUG:15778-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,




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                                    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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