IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO. 9027 OF 2009 Subhash Vidya Mandal ... Petitioner Versus The State of Maharashtra and Ors. ... Respondents Mr. M.B. Gawade for Petitioner. Mr. C.R. Sonawane, A.G.P. for R. Nos. 1 to 3. CORAM : F.I. REBELLO & J.H.BHATIA, JJ. DATED : NOVEMBER 18, 2009 P.C. Rule. Heard forthwith. The Petitioner was granted permission to run a school on permanent no grant in aid basis. According to affidavit filed by Shri. A.M. Bhattalwar, Joint Secretary to Government, the Petitioner school was granted permission for 8th standard for the academic year 2000-2001, 9th standard 2001-2002 and 10th standard 2002-2003 on permanent non grant basis. Similar issue had come up before this court in Writ Petition No. 8736 of 2005 in the case of Nimgaon Ketaki Gramvikas Pratistan Vs. State of Maharashtra decided on 25.7.2006. The learned Division Bench of this court was pleased to direct that all schools to be treated equally and accordingly held that merely because it was recognized on permanent non grant basis, the Petitioners school there should not be treated differently and that it is to be understood as recognition of Petitioner’s school on non grant basis. It was further clarified that as and when the Government policies are modified or changed, the Petitioners’ case will be considered for the changed policy. According to respondents they have issued notification dated 20.7.2007. It is the stand of the State that the notification however, is prospective. We are unable to accept the said contention. Once this court had by law declared that it is not open to the State Government to discriminate and held that “permanent” should not be read into “recognition on non grant basis”, and when grants are released, all similarly situated schools have to be considered for grants when the policy is changed. Then it has to be read from the date of the judgment of the court. In the light of the above, the following order : Petitioner will be entitled to be considered for grants for the academic year 2000-01 onwards, if there has been change of policy by the Government in the matter of release of grants as per policy. Rule made absolute accordingly. No order as to costs. (J.H.BHATIA, J.) (F.I. REBELLO,J.)