Bombay High Court
EKTA SHIKSHAN PRASARAK MANDAL THROUGH ITS PRESIDENT AND OTHERSversusSTATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petitioners are eligible for 100% grant‑in‑aid and the impugned Government Resolution dated 6 November 2018 is quashed to the extent of the petitioners.
Summary
The High Court considered two writ petitions filed by educational trusts seeking full grant‑in‑aid from the State of Maharashtra. The petitions challenged a Government Resolution dated 6 November 2018 that reduced the aid to the petitioners. The Court noted that the matter had already been decided in Writ Petition No. 1775 of 2021, whose decision was upheld despite a delayed review and a Special Leave Petition by the State. Relying on that precedent, the Court held that the petitioners were entitled to 100% grant‑in‑aid for the periods specified and ordered the impugned resolution to be set aside. Accordingly, the writs were allowed, directing the State to confer the full aid forthwith.
Issues considered
- What is the entitlement of the petitioners to grant‑in‑aid under the relevant Government Resolutions?
- Whether the impugned Government Resolution dated 6 November 2018 should be quashed?
- Whether the earlier decision in Writ Petition No. 1775 of 2021 governs the present petitions?
Subjects
- grant-in-aid
- educational trusts
- writ of certiorari
- government resolution
- judicial review
- eligibility
Judgment
2026:BHC-AUG:40332-DB
1 61-WP-2235-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2235 OF 2025
SHRI GANESH SHIKSHAN PRASARAK MANDAL THROUGH ITS
SECRETARY AND OTHERS
VERSUS
STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND
OTHERS
...
Mr. Ashish P. Deshmukh, Advocate for the Petitioner
Mr. S. S. Joshi, AGP for Respondents/State
Mr. N. J. Patil, Advocate for Respondent No.3
...
WITH
WRIT PETITION NO. 3976 OF 2025
EKTA SHIKSHAN PRASARAK MANDAL THROUGH ITS PRESIDENT AND
OTHERS
VERSUS
STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND
OTHERS
...
Mr. Ashish P. Deshmukh, Advocate for the Petitioner
Mr. S. S. Joshi, AGP for Respondents/State
Mr. Sunil D. Kaldate, Advocate for Respondent No.3
….
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 02nd SEPTEMBER, 2026
PER COURT :
1. Indisputably, the issue raised in these writ petitions 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.
SVH
2 61-WP-2235-25.odt
Admittedly, there is no stay granted by the Apex Court, so for, 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 petitions are allowed in terms of
prayer clause ‘B’ and ‘C’, which is as follows,
“(B) To hold and declare that, the petitioners are eligible
and entitled for 100% grant-in-aid (including salary vis-à-
vis non-salary grants) w.e.f. G.R. dtd.8/4/2015 till
18/1/2018, whereas 50% of grants w.e.f. 18/1/2018 to
4/7/2018 and again 100% grants in aid w.e.f. 4/7/2018
and confer the same forthwith; and for that purpose issue
necessary directions.
(C) By issuance of writ of certiorari or any other
appropriate writ or orders in the like nature quash and
set aside the impugned G.R. dtd.6/11/2018 to the extent
of petitioners herein with further directions to confer the
100% grant-in-aid towards salary and non-salary grants
forthwith; and for that purpose issue necessary
directions.”
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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