Case Note & Summary
The petitioners, M/s. Ujjwal Shikshan Sanstha (a public trust) and M/s. Anudatta Vidyalaya Hindi Primary School, filed a writ petition seeking a mandamus directing the respondents (Municipal Corporation of Greater Mumbai, Education Officer, Administrative Officer, and State of Maharashtra) to admit petitioner No.2 to grant-in-aid with effect from the date of their application. The petitioners had applied for grant-in-aid on 25th July, 2007, and made repeated requests until 10th August, 2011. The respondents, by a letter dated 17th September, 2011, informed the petitioners that petitioner No.2 was not eligible for grant-in-aid as per the State's policy dated 24th November, 2011, communicated on 13th January, 2004, which barred new grants to primary schools. The petitioners challenged the policy as unconstitutional, arguing that it violated Article 14 and Article 21A of the Constitution. The court examined the policy and found that it was a reasonable classification based on the State's limited financial resources and the need to improve existing schools. The court held that the Right to Education Act, 2009, does not obligate the State to provide grant-in-aid to private schools. The court also noted that the policy was a matter of economic policy and within the executive's domain, and thus not subject to judicial interference unless arbitrary. The court dismissed the petition, upholding the policy and denying the relief sought.
Headnote
A) Constitutional Law - Right to Education - Grant-in-Aid Policy - Article 21A, Article 14 of the Constitution of India - The petitioners challenged the State's policy of not granting aid to new primary schools. The court held that the policy was not arbitrary and was based on reasonable classification, as the State had limited resources and was focusing on improving existing infrastructure. The court also noted that the Right to Education Act, 2009, does not mandate grant-in-aid to private schools. (Paras 1-10) B) Administrative Law - Judicial Review - Policy Decision - The court held that the policy decision of the State not to grant aid to new schools was a matter of economic policy and within the domain of the executive. The court declined to interfere, stating that the policy was not unconstitutional and did not violate Article 14. (Paras 5-10)
Issue of Consideration
Whether the policy of the State of Maharashtra dated 24th November, 2011, communicated on 13th January, 2004, refusing to admit new schools to grant-in-aid is unconstitutional and whether the petitioners are entitled to a writ of mandamus directing admission to grant-in-aid.
Final Decision
The petition was dismissed. The court held that the policy was not unconstitutional and the petitioners were not entitled to the relief sought.
Law Points
- Grant-in-aid policy
- Right to Education
- Article 14
- Article 21A
- Policy of no new grants
- Judicial review of policy
- Reasonable classification
