W.P.1442 of 2006 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1442 OF 2006 Late Ulhas Memorial Trust, Kandhar, Taluka Kandhar, District Nanded Through its President Shri Dattatraya Gurunathrao Kurude, Age 42 years, Occu.Agri & Social Work, R/o Bhahadarpura, Kandhar, Taluka Kandhar, District Nanded ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Education Department, Maharashtra State, Mantralaya, Mumbai 32 2. The Director of Education, Maharashtra State, Pune 1 3. The Deputy Director of Education, Latur Division, Latur 4. The Education Officer (Secondary), Zilla Parishad, Nanded, Taluka and District Nanded ..RESPONDENTS Mr R.R.Suryawanshi, Advocate for petitioner Mr R.P.Phatke, Assistant Govt.Pleader for respondents 1 to 4 - WITH - WRIT PETITION NO.6849 OF 2008 Shri Sant Dnyaneshwar Mauli Shikshan Prasarak Mandal, Patalganga, Taluka Kandhar, District Nanded, Through its President Shri Namdeo Hausaji Mundhe, W.P.1442 of 2006 2 Aged 38 years, Occu.Service, R/o Patalganga, Taluka Kandhar, District Nanded .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary in School Education & Sports Department, Maharashtra State, Mantralaya, Mumbai 32 2. The Director of Education, (Secondary & Higher Secondary), Directorate, Central Building, M.S.,Pune 1 3. The Deputy Director of Education, Latur Division, Latur 4. The Education Officer (Secondary), Zilla Parishad, Nanded ..RESPONDENTS Mr R.R.Suryawanshi, Advocate for petitioner Mr R.P.Phatke, Assistant Govt.Pleader for respondents 1 to 4 CORAM : SMT.NISHITA MHATRE & S.S. SHINDE, JJ DATE OF RESERVING THE JUDGMENT : 11th April 2011 DATE OF PRONOUNCING THE JUDGMENT : 18th April 2011 W.P.1442 of 2006 3 JUDGMENT (PER SMT. MHATRE, J.) 1. These petitions have been filed by the managements of two secondary schools against the decision of the State Government to grant them permission to commence the schools on a “permanent no grant” basis. It was contended by the learned Advocate for the petitioners in both the petitions that the petitioners were entitled to run their respective schools on a “no grant” basis as in the case of other institutions in the area. 2. An affidavit has been filed on behalf of respondents 1 to 4 in which it is stated that the petitioners were permitted to run the school on a “permanent no grant” basis because an affidavit had been submitted by the petitioner in each petition indicating that it would not ask for any grant. The Government Resolution dated 20.7.2009 has been annexed to this affidavit. It is apparent from this Government Resolution that Government has decided that primary and secondary schools, which have been started on a “permanent no grant” basis would be entitled to apply to the State Government for grant in aid. Such schools will be considered for aid with effect from the academic year 2012-2013, depending on all requisitions being fulfilled by the school. W.P.1442 of 2006 4 3. In these circumstances, in our opinion, the petitioners can apply for grant in aid in the light of the aforesaid Government Resolution. If such an application is made by the petitioners, the Government shall consider it in accordance with the Government Resolution of 20th July 2009. The petitioners will not be denied aid only because they had submitted an affidavit undertaking that they were willing to run their respective schools on a “permanent no grant” basis. The petitions are disposed of. 4. Rule made absolute accordingly. No orders as to costs. ( S.S. SHINDE, J.) (SMT. NISHITA MHATRE J.) (vvr/1442.06wp)