Case Note & Summary
The petitioner, Shri Shikshan Prasarak Sanstha and its law college, filed a writ petition seeking grant-in-aid from the State of Maharashtra. The college was established in 1998 with permission from the Bar Council of India and Pune University, but the State granted permission without any grant-in-aid. The petitioner submitted a proposal in 1994 and the State granted permission on 23rd June 1998 for the academic year 1998-99 onwards, but without grant. The petitioner contended that similarly situated institutions were receiving phase-wise grants under the then-existing policy prior to 2001, and that the denial was based on an undertaking given by the petitioner not to claim financial help. The petitioner restricted its claim to grant from 27th March 2008, the date of the last representation. The respondents opposed the petition, arguing that the petitioner had given an undertaking not to claim financial help and that the college would charge fees as per State norms. The Court observed that such an undertaking was never contemplated under the then-existing policy and that the State had been providing phase-wise grants to other institutions. The Court held that the undertaking could not be a ground to deny the claim, as all other similarly situated institutions were getting grants. The Court directed the respondents to consider the petitioner's claim for grant-in-aid from 27th March 2008 and pass appropriate orders within three months, treating the petitioner at par with other institutions. The writ petition was allowed with no order as to costs.
Headnote
A) Education Law - Grant-in-Aid - Undertaking - The petitioner law college, established in 1998 with permission from the State without grant-in-aid, sought grant based on the then-existing policy. The State opposed relying on the petitioner's undertaking not to claim financial help. The Court held that such undertaking, not contemplated under the policy, cannot deny the claim when other similarly situated institutions received phase-wise grants. (Paras 4-6) B) Education Law - Grant-in-Aid - Phase-wise Grant - The Court directed the State to consider the petitioner's claim for grant-in-aid from 27th March 2008, the date of the last representation, and to pass appropriate orders within three months, as the petitioner is entitled to be treated at par with other institutions. (Paras 7-8)
Issue of Consideration
Whether the petitioner education institution is entitled to grant-in-aid from the State despite having given an undertaking not to claim financial help, when similarly situated institutions have been receiving phase-wise grants.
Final Decision
The writ petition is allowed. The respondents are directed to consider the petitioner's claim for grant-in-aid from 27th March 2008 and pass appropriate orders within three months, treating the petitioner at par with other similarly situated institutions. Rule made absolute. No order as to costs.
Law Points
- Grant-in-aid
- Undertaking
- Estoppel
- Policy
- Phase-wise grant
- Similarly situated institutions
