Bombay High Court
MEMANE MINAKSHI JAYAWANTversusTHE STATE OF MAHARASHTRA THRO. PRINCIPAL SECRETARY SCHOOL EDUCATION AND SPORT DEPT.
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the petitions are to be treated as representations and therefore disposed of without expressing any opinion on the merits, directing the State to consider the requests within 180 days.
Summary
The petitioners, a group of educational institutions, claimed that they were originally established on a permanent no‑grant basis but that the State Government later deleted the word “permanent” and thus denied them salary grants. They sought a court order to compel the State to grant them salary assistance, relying on a Government Resolution dated 23‑07‑2024. The State argued that the petitions are merely representations and that each case should be examined individually on its merits. The Court treated the writ petitions as representations, declined to express any opinion on the substantive merits, and ordered the State to consider each request within 180 days. Consequently, all the writ petitions were disposed of without a substantive ruling on the grant claims.
Issues considered
- Whether the writ petitions seeking salary grants are maintainable as writs or are merely representations to the State.
- Whether the Court can direct the State to decide the petitions within a specified time without adjudicating the merits.
Subjects
- education
- salary grant
- government resolution
- writ petition
- administrative law
- representation
Judgment
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2026.03.11 production and the board common order.odt
18:33:51
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(501) WRIT PETITION NO. 1566 OF 2026
Vidhya Prasarak Samiti, Nimbole & Anr. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
AND
(502) WRIT PETITION NO. 1868 OF 2026
Shri Gajanan Maharaj Madhyamik Vidyalaya, Jakhod … Petitioner
versus
The State of Maharashtra & Ors. … Respondents
AND
(72) WRIT PETITION NO. 2934 OF 2026
Radha Krushna Prathamik Vidyalaya & Ors. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
AND
(74) WRIT PETITION NO. 2942 OF 2026
Shri Shivchhatrapati Prathamik Vidhyalaya & Ors. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
AND
(75) WRIT PETITION NO. 2944 OF 2026
Memane Minakshi Jayawant & Ors. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
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AND
(76) WRIT PETITION NO. 2945 OF 2026
Desale Sandip Sudam & Anr. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
AND
(77) WRIT PETITION NO. 2946 OF 2026
Sonali Deepak More & Ors. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
AND
(78) WRIT PETITION NO. 2947 OF 2026
Jayshree Vitthal Bhise & Ors. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
AND
(79) WRIT PETITION NO. 2948 OF 2026
Sunita Jaysing Sabale & Ors. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
AND
(80) WRIT PETITION NO. 2949 OF 2026
Shri P.T.Pathare Arts, Commerce & Science
Sr. College & Ors. … Petitioners
versus
The State of Maharashtra & Ors. … Respondents
…
Mr.Ramrao D. Biradar for the Petitioners in all Petitions.
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Mr.O.A.Chandurkar, Addl.GP with Mr.V.G.Badgujar, AGP for the
Respondent -State in Serial No. 72.
Ms.Priyanka Chavan, AGP for the Respondent -State in Serial No. 501.
Mrs.M.P.Thakur, AGP for the Respondent -State in Serial Nos. 502 and 75.
Mr.A.R.Deolekar, AGP for the Respondent -State in Serial No. 74.
Mrs.Nisha M. Mehra, AGP for the Respondent -State in Serial No. 76.
Mr.A.K.Naik, AGP for the Respondent -State in Serial No. 77.
Ms.P.N.Diwan, AGP for the Respondent -State in Serial No. 78.
Mr. M.M.Pabale, AGP for the Respondent -State in Serial No. 79.
Mr.P.P.Kakade, Addl.GP with Mr.V.G.Badgujar, AGP for the Respondent -
State in Serial No. 80.
Mr.Sameer Sawant, Deputy Secretary, School Education & Sports
Department is present.
...
CORAM : RAVINDRA V. GHUGE &
ABHAY MANTRI, JJ.
DATE : MARCH 09, 2026
P.C:
1. Writ Petition Nos. 1566 of 2026 and 1868 of 2026, are not on
board. On mentioning, taken on the production board.
2. We have heard the learned Advocate for the Petitioners and
the learned AGPs for the State. With their assistance, we have gone
through the Petition paper books.
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3. The Petitioners contend that they started their educational
institutions on a permanent no-grant basis. It is claimed that subsequently
the State Government deleted the word ‘permanent’, and now they are
hopeful that they would get salary grants, since 20% has already been
extended to the institutions. It is prayed that the Government Resolution
dated 23.07.2024 be considered and that the cases of these Petitioners be
scrutinized by the State Government.
4. The learned AGPs submit that these Petitions can be
considered as representations and that the State Government will consider
each case on its own merits and take a decision as expeditiously as
possible.
5. Considering the above, all these Writ Petitions are disposed
off.
6. The State Government would consider the requests made by
the Petitioners in their respective Petitions and, after considering the
Government Resolutions/Circulars as may be applicable and taking into
account the feasibility of the proposals, would take a decision with regard
to these Petitioners within a period of 180 days from today.
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7. We make it clear that we have not expressed any opinion as
regards the merits of the claims of these Petitioners.
(ABHAY MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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