Case Note & Summary
The judgment involves five writ petitions filed by educational institutions challenging the Government Resolution dated 5th July 1999 issued by the State of Maharashtra, which fixed a cut-off date of 31st March 1997 for grant-in-aid to secondary schools. The petitioners, who established their schools after this cut-off date, sought a declaration that they are entitled to grant-in-aid. The court examined the nature of the right to grant-in-aid and held that it is not a fundamental right but a matter of government policy. The State is entitled to fix a cut-off date for extending financial aid, and the petitioners have no vested right to grant-in-aid for schools established after the cut-off date. The court dismissed all petitions, upholding the validity of the Government Resolution.
Headnote
A) Education Law - Grant-in-Aid - Cut-off Date - Right to Grant-in-Aid - The petitioners challenged Government Resolution dated 5th July 1999 fixing cut-off date of 31st March 1997 for grant-in-aid to secondary schools - Held that there is no fundamental right to grant-in-aid and the State can fix a cut-off date for extending financial aid - Petitions dismissed (Paras 1-10).
Issue of Consideration
Whether the petitioners have a vested right to grant-in-aid for their secondary schools established after the cut-off date of 31st March 1997 as per Government Resolution dated 5th July 1999.
Final Decision
All writ petitions are dismissed. The Government Resolution dated 5th July 1999 fixing cut-off date of 31st March 1997 for grant-in-aid is upheld.
Law Points
- Right to grant-in-aid is not a fundamental right
- Government policy on cut-off date for grant-in-aid is valid
- No vested right to grant-in-aid for schools established after cut-off date
- Article 226 of Constitution of India
- 1950
Case Details
2013 LawText (BOM) (07) 21
Writ Petition No.1566 of 2013, Writ Petition No.2872 of 2013, Writ Petition No.3237 of 2013, Writ Petition No.3257 of 2013, Writ Petition No.4355 of 2013
Mr.S.S.Jadhavar, Mr.V.G.Sakolkar, Mr.C.V.Thombre, Mr.K.G.Patil
Shri Bhagwanbaba Sevabhavi Sanstha, Bhagwan Shrikrishna Shikshan Prasarak Mandal, Chhatrapati Shikshan Prasarak Mandal, Sanskar Prabhodini Bahuudeshiya Sanstha, Tirupati Pratishtan’s Andhori
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Nature of Litigation
Writ petitions challenging Government Resolution dated 5th July 1999 fixing cut-off date for grant-in-aid to secondary schools.
Remedy Sought
Petitioners sought a declaration that they are entitled to grant-in-aid for their secondary schools established after the cut-off date.
Filing Reason
Petitioners' schools were established after 31st March 1997 and were denied grant-in-aid under the Government Resolution.
Issues
Whether the petitioners have a vested right to grant-in-aid for their secondary schools established after the cut-off date of 31st March 1997 as per Government Resolution dated 5th July 1999.
Submissions/Arguments
Petitioners argued that they are entitled to grant-in-aid as they have established schools and are providing education.
Respondent State argued that grant-in-aid is a matter of policy and the cut-off date is valid.
Ratio Decidendi
There is no fundamental right to grant-in-aid. The State is entitled to fix a cut-off date for extending financial aid to educational institutions. Petitioners have no vested right to grant-in-aid for schools established after the cut-off date.
Judgment Excerpts
There is no fundamental right to grant-in-aid.
The State is entitled to fix a cut-off date for extending financial aid.
Acts & Sections
- Constitution of India, 1950: Article 226
