CHOULWAR EDN SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Anand parchure, learned counsel for the Petitioner and mrs. Khade, Assistant Government Pleader for the respondent nos. 1 to 3.

(2.) In the instant case, the grievance of the petitioner is that the petitioner-Society was granted permission to run the School on no grant basis vide order dt:7-4-1998 passed by the Deputy Director of Education, Nagpur. It is submitted that - since the date of permission- the School in question i. e. Swami Sitaramdas maharaj Vidyalaya, Shioni (Bhondki) is functioning effectively. It is contended that, as per the policy of the Government, if the permission is granted on 'no grant basis' and if the School is functioning well, at a later point of time, considering eligibility of such institution by the State Government, such school or institution can be admitted to grant. It is contended that, so far as the School run by the petitioner-Society is concerned, though the permission was granted to run the said school on 'no grant basis', however, in-spite of various representations made by the petitioner to the state Government to admit the School in question to grant-in-aid, the request of the petitioner was not considered on the ground that the permission granted to the petitioner-institution was on 'permanent no-grant basis'.

(3.) Mr. Anand Parchure, learned counsel for the petitioner has contended that the order/communication dt:7-4-1998 whereby permission is granted to the School clearly demonstrates that said permission is on 'no grant basis' and not on 'permanent no grant basis' and therefore, the exception which is carved out by the State Government for not considering the claim of the petitioner for giving grant-in-aid is impermissible in law and also against the policy of the State Government applicable in this regard.