STATE OF MAHARASHTRA Vs. MANUBHAI PRAGAJI VASHI

JUDGEMENT

(1.) Leave granted.

(2.) State of Maharashtra represented by the Education Department the appellant in both the appeals - filed special leave petitions against the common Judgment and Order of the High Court of Judicature of Bombay dated 19 - 8 -1988 rendered in Writ Petition No. 2303 of 1987 and Writ Petition No. 4816 of 1987. The writ petitions are public interest litigations, wherein the State of Maharashtra was the first respondent. The petitioner, who filed Writ Petition No. 2303 of 1987, is the first respondent in the appeal filed in S.L.P. No. 14017 of 1988 and the writ petitioners in Writ Petition No. 4816 of 1987 are respondents Nos. 51, 52 and 53 in the appeals. The other respondents in the High Court and also in this Court are the University of Bombay, various universities in the State of Maharashtra, various law colleges affiliated to the Bombay University and the University of Pune, Marathwada, Nagpur and Kolhapur, the Bar Council of Maharashtra and the Bar Council of India. The University Grants Commission is also a respondent. It should be stated at the outset that the common appellant in these civil appeals (State) (petitioner in the S.L.P.s and the common first respondent in the writ petitions in the High Court) was the sole contesting party in the High Court. The other respondents in the High Court and still before us support the petitioners in the writ petitions respondents in the civil appeals.

(3.) Writ Petition No. 2303 of 1987 is the main petition. The prayer therein was to direct the Government of Maharashtra to extend the grant -in -aid scheme to the non -Government Law Colleges in the State retrospectively from April 1982 or from the date of filing of the writ petition. Respondents 51 to 53 in the civil appeals addressed a letter to the High Court raising certain grievances of retired employees of Law College, Pune. The said letter was treated by the High Court suo motu as Writ Petition No. 4816 of 1987. The prayer therein was that the benefit of pension -cum -gratuity scheme introduced by the Government for all teaching and non -teaching staff in colleges with faculties in Arts, Science, Commerce, Engineering and Medicines as per GR No. NCC -1983 (865) - INI -4 dated 21 -7 -1983 should be made applicable to the staff of the non -Government Law Colleges. A Division Bench of the High Court of Bombay, consisting of Lentin and Agarwal, JJ. by judgment dated 19 -8 -1988, held that the action of the Government is not extending the grants -in -aid, afforded to faculties like Arts, Science, Commerce, Engineering and Medicine to non -Government recognised law colleges is discriminatory. It was held that withholding of facility of grants -in -aid to non -Government Law Colleges would he discrimination between such law colleges from whom grants -in -aid are withheld and other non -Government colleges with faculties, viz. Arts, Science, Commerce, Engineering and Medicine, to whom grants -in -aid are given. After referring to the relevant facts, the Division Bench passed an order in paragraph 34 of the judgment dated 19 -8 -1988, to the following effect: