Bombay High Court Disposes of Writ Petition by Educational Trust Seeking Clarification on 'Permanent Non-Grant Basis' Permission. The Court directed the petitioner to approach the Government to raise grievances regarding the term used in the impugned order.

High Court: Bombay High Court
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Case Note & Summary

The petitioner, Shri Saint Tukaram Shikshan Prasarak Mandal, filed a writ petition before the Bombay High Court challenging an order passed by the State of Maharashtra and others. The impugned order granted permission to the petitioner but used the expression 'permanent non-grant basis,' which the petitioner found objectionable. The Court, after hearing the parties, observed that the petition could be conveniently disposed of by directing the petitioner to apply to the Government making a grievance against the last part of the impugned order. The Court clarified that it would be open to the petitioner to point out to the Government or the concerned authority all his grievances in relation to the use of the term 'permanent non-grant basis.' With these observations, the writ petition was disposed of without any further orders. The Court did not adjudicate on the merits of the term but provided the petitioner with an opportunity to seek clarification or modification from the Government.

Headnote

A) Administrative Law - Government Orders - Interpretation of Terms - The petitioner challenged the use of the expression 'permanent non-grant basis' in a permission order - The Court directed the petitioner to apply to the Government to raise grievances regarding the term - Held that the writ petition is disposed of with liberty to approach the Government (Para 1).

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Issue of Consideration

Whether the term 'permanent non-grant basis' used in the impugned order requires clarification or modification by the Government.

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Final Decision

The writ petition is disposed of with the direction that the petitioner may apply to the Government making a grievance against the last part of the impugned order. It shall be open to the petitioner to point out to the Government or the concerned authority all his grievances in relation to the use of the term 'permanent non-grant basis.'

Law Points

  • Administrative Law
  • Writ Jurisdiction
  • Government Orders
  • Interpretation of Terms
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Case Details

2005 LawText (BOM) (02) 354

WRIT PETITION NO. 8885 OF 2004

2005-02-03

V.G. PALSHIKAR, SMT.NISHITA MHATRE

Mr.Ramchandra Kachawe for the petitioner, Mr.A.P.Vanarse, AGP for the State

Shri Saint Tukaram Shikshan Prasarak Mandal

The State of Maharashtra & Ors.

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Nature of Litigation

Writ petition challenging the use of the term 'permanent non-grant basis' in a government order granting permission to an educational trust.

Remedy Sought

The petitioner sought clarification or modification of the term 'permanent non-grant basis' used in the impugned order.

Filing Reason

The petitioner was aggrieved by the expression 'permanent non-grant basis' in the permission order.

Issues

Whether the term 'permanent non-grant basis' used in the impugned order requires clarification or modification by the Government.

Submissions/Arguments

The petitioner argued that the term 'permanent non-grant basis' was objectionable and required clarification.

Ratio Decidendi

The Court did not decide on the merits but allowed the petitioner to approach the Government for clarification of the term used in the order.

Judgment Excerpts

This petition can be conveniently disposed of by directing the petitioner to apply to the Government making grievance against the last part of the impugned order in which expression is used that the permission was granted on permanent non-grant basis.

Procedural History

The petitioner filed a writ petition before the Bombay High Court challenging an order of the State of Maharashtra. The Court heard the matter and disposed of the petition on 3-2-2005.

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