Case Note & Summary
The petitioners, eight educational trusts and societies in Writ Petition No.138 of 2003 and four in Writ Petition No.692 of 2003, were granted permission by the State of Maharashtra to open new secondary schools on a permanent no-grant basis in the academic year 1999-2000. They filed writ petitions seeking a direction to the State to sanction grant-in-aid to their schools. The State, through the Deputy Education Officer's reply affidavit, stated that as per policy, proposals for schools run on no-grant basis were considered on priority, and that the State would formulate a policy to sanction grant-in-aid. The court, hearing both petitions together, noted the State's admission and directed the State to formulate a policy for sanctioning grants to such schools. The court further directed that the petitioners' cases be considered for grant-in-aid in accordance with the policy to be formulated. The judgment was delivered by a division bench of Justices R.M. Lodha and R.S. Mohite on 8th April 2005.
Headnote
A) Education Law - Grant-in-Aid - No-Grant Basis Schools - Policy Formulation - Petitioners were granted permission to open secondary schools on permanent no-grant basis in academic year 1999-2000 - State Government had a policy to consider no-grant proposals on priority - Court directed State to formulate policy for sanctioning grant-in-aid to such schools - Held that State must consider petitioners' cases for grant-in-aid in accordance with policy to be formulated (Paras 3-5).
Issue of Consideration
Whether the petitioners, who were granted permission to open secondary schools on permanent no-grant basis, are entitled to grant-in-aid from the State Government, and whether the State is obligated to formulate a policy for sanctioning grants to such schools.
Final Decision
Both writ petitions are allowed. The State of Maharashtra is directed to formulate a policy for sanctioning grant-in-aid to schools opened on permanent no-grant basis. The petitioners' cases shall be considered for grant-in-aid in accordance with the policy to be formulated.
Law Points
- Grant-in-aid policy
- No-grant basis schools
- Right to education
- State obligation to formulate policy
- Priority consideration for no-grant schools
