Bombay High Court

SANT GOROBAKAKA SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY TUKARAM TATYARAO CHOUGALEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY 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 merits within four months.

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 such grants 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 clause and found that the State must now consider the petitions on their merits. Accordingly, the Court directed the State to decide the grant‑in‑aid claims within four months of receiving the order. The writ petitions were thereafter disposed.

Issues considered

Whether the petitioners are entitled to grant‑in‑aid under the Government Resolution dated 25‑05‑2021.
Whether the State is required to decide the grant‑in‑aid claims on merits after the lifting of Finance Department restrictions.

Subjects

grant-in-aid
primary school
writ petition
government resolution
education
Maharashtra
judicial review

Judgment

2026:BHC-AUG:15776-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.)




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