JUDGMENT - DHARMADHIKARI S.C., J.:---Can an institution which is permitted to open a secondary school on permanent no grant basis claim grant in aid from the Government is the issue which arises for consideration in this petition under Article 226 of the Constitution of India.

2.The petitioner is a society registered under the Societies Registration Act as also Bombay Public Trust Act which is managing and administering the petitioner No. 3, (hereinafter for short referred to as the said "School"). The petitioner seeks a direction from this Court to the respondents to sanction grant in aid for its secondary section. The entitlement of the petitioner depends upon our answer to the aforesaid question.

3.It is not in dispute that the third respondent, Dy. Director of Education, Government of Maharashtra, Nashik by a letter (Exh. A) dated 26th August, 1975 granted permission to the petitioner to open new secondary school on permanent no grant in aid basis. The said letter reads as under :

"Under instruction received from the Government of Maharashtra under letter No. SSN-3874/2003(iii)/E, dated 12th July, 1975 permission is hereby granted to you to open New Secondary Schools permanently o

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