ASHA SEVA BHAVI SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties. Rule. Rule made re-turnable forthwith. By consent of the learned Counsel for the parties, the matter was taken up for final hearing at the stage of admission itself.

(2.) All these petitions are disposed of by this Common judgment as the same involve com-mon issues. All these petitions are filed by non-minority institutions which are registered as public charitable trusts, taking exception to Government Resolution dated 20th July, 2009 on the basis of which the proposal submitted by each of these petitioner institution for start-ing a primary, secondary or higher secondary school, as the case may be, has been treated as cancelled or rejected. It is the case of each of these petitioners that pursuant to Government Circular dated 29th July, 2008 they submitted proposal(s) for starting primary, secondary and higher secondary schools on "permanent no grant basis" in "Marathi medium". It is asserted that their proposal was scrutinized by the Com-mittees constituted at the District and State level and recommended to the State Govern-ment for approval. Along with the petitioners, several other institutions had submitted their proposals which were also processed and pend-ing with the State Government for appropriate decision. The State Government, however, by impugned Government Resolution dated 20th July, 2009, decided to terminate all those pro-posals (about 6028) as cancelled or rejected on the ground that permission cannot be granted until a comprehensive plan (perspective plan/ master plan) is prepared with the assistance of experts. Further, depending upon the require-ment of the school and considering the policy regarding grant of permission to start a school, the sub committee of State Cabinet would examine the proposals and take decision regard-ing permission for a new school. The English translation of the said Government Resolution as appended to Writ Petition No. 345 of 2010 reads thus: "Regarding giving grant to the primary and sec-ondary school (excluding English Medium) that have been given permission on permanent non grant basis. Government of Maharashtra Dept. of School Education and Sports Government Resolu-tion No. SCG2009/ (588/09) SE1 Mantralaya Annax Bldg, Mumbai32. Date : 20 July, 2009 Preface,

(3.) Right to get grant has not been accrued despite of school being eligible for pant because it is the sale discretion of the Government to provide pant and it will depend on availability of funds and will not be Implemented with retrospeetive effect.