KERALEEYA SAMAJAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CAN an institution which is permitted to open a secondary school on permanent No Grant Basis claim grant-in-aid from the Government is the issue which arises for consideration in this petition under art. 226 of the constitution of India.

(2.) THE petitioner is a society registered under the Societies Registration act as also Bombay Public Trusts Act which is managing and administering the petitioner No. 3, (hereinafter for short referred to as the said "school" ). The petitioner seeks a direction from this Court to the respondents to sanction grant-in-aid for its secondary section. The entitlement of the petitioner depends upon our answer to the aforesaid question.

(3.) IT is not in dispute that the third respondent. Dy. Director of education, Government of Maharashtra, Nashik by a letter (Exh. A) dated 26/08/1975 granted permission to the petitioner to open new secondary school on permanent no grant-in-aid basis. The said letter reads as under :