06 Sep 2121

The framing of Policy for extending grants-in-aid already made available to such special schools imparting education to specially enabled children and not to some selected schools - Bombay High Court

Case : Khateshwar Magasvargiya Bahuddeshiya Vyaysayik Shikshan Sanstha, Amravati v. State of Maharashtra and Ors. Writ Petition No. 3051/2019

Court : Bombay High Court

Bench : Justice Sunil B. Shukre and Justice Anil S. Kilor

Decided on : 06 Sep 2121

Relevant Statutes

The person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

 Brief Facts and Procedural History

The Petitioner Society runs three special schools for specially enabled children namely (i) Daryaji Shinde Niwasi Matimand Vidyalaya,  Andgaon Khandeshwar, Tal, Nandgaon Khandeshwar, Dist., Amravati, (ii) Saraswatibai Niwasi Mukbadhir Vidyalaya, Nandgaon Khandeshwar, Tal. Nandgaon Khandeshwar, Dist. Amravati and Omshanti Niwasi Matimand Vidyalaya, SambodhiColony, Rahatgaon Amravati, Dist. Amravati.

2. These schools are already registered with respondent No. 2( the Commissioner). They are imparting education to specially enabled students who are covered by the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

3. The petitioner society had applied for bringing its three schools run for the specially enabled children on permanent grants-in-aid basis, but, the effort of the petitioner society yielded no fruitful result.

4. On the basis of which State has issued the Government resolution dated 8th April 2015, the petitioner disputed on, that this Government Resolution approves only 123 schools for availing of the benefit of grant-in-aid of the state government but does not allow the other schools to have the same benefits.

The Issues of the Case

Whether the benefit of grant-in-aid of the State Government only allows selected schools?

Whether there is any policy as such framed by the State Government regarding sanction of grant-in-aid to different schools?

The Observations of the Court

1. The Honourable Bombay High Court of Bombay by his coordinate bench at Aurangabad in case of Gramin Shramik, Buldhana and another V. The State of Maharashtra and Ors, on 2nd September 2013, no policy regarding extension of grants-in-aid to schools registered under the provisions of the Person with Disabilities (Equal Opportunities, Protection of rights and Full Participation) Act,1995 has been framed so far. But the State Government has continued to grant sanctions for grant-in-aid to the special schools intermittently, selectively and as per its will.  

2. The Honourable Bombay High Court of Bombay observed that there is no policy as such framed by the State Government regarding sanction of grant-in-aid to different schools by prescribing the eligibility conditions and criteria for receiving the same.

The Decision Held by Court

1. The petition is allowed as the State government make the petitioner available the grant-in-aid on the same lines as the State Government has done while sanctioning the grant-in-aid under the Government Resolution dated 8th April 2015, 3rd July 2019 and 17th September 2019.

2. The Honourable Bombay High Court of Bombay directed the State Government to frame a policy for the special schools run by different societies across the State of Maharashtra within a period of six months from the date of the Judgment.

3. Put up after Six months for compliance.

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