Roshan Dalvi, J.

1. The Petitioners are producers of films in Marathi language.

2. The State Government has framed various schemes for providing financial assistance to Marathi films by various Government Resolutions (GRs) issued from time to time.

3. The Petitioners claim their right of financial assistance under the G.R dated 6th November, 2003, Exhibit- A to the Petition.

4. Under the said G.R financial assistance upto Rs.15 lakhs is granted to producers of quality Marathi films “as per the Recommendation of the Film Review Committee, as per serial number, in accordance with the Rules and as per availability of finance ”. Financial assistance grantable under the said G.R is upto the maximum of Rs.15 lakhs in 3 installment s as stated therein.

5. The Producer must produce his first film with his own finance. The 2nd and subsequent films are eligible for the assistance. The producer must obtain Censor Board Certificate by 31st December of the relevant year in which he applies for the grant. He should submit the cassette or C D of the film to Dadasaheb Phalke Chtranagari (the Chitranagari) by 15th January of the following year. The Chitranagari is required to inspect and recommend the film to the Film Review Committee by 31st January of that year. The final Government decision is to be taken upon the submission of the film and the Recommendation by 31st March of that year. No waiting list was to be maintained.

6. It is, therefore, seen that a time- bound schedule is laid down under the said G.R. The time schedule is required to be followed by the producers, the Chtranagari as well as the Review Committee.

7. The Petitioners 1 and 2 obtained the Censor Board Certificates issued in respect of their fitness on 15th September, 2004 and 31st December, 2004 respectively. They submitted their C.D.S/Cassettes before the scheduled date. The Petitioners were not granted any assistance or communicated the Government decision of 31st March 2005, which was the last date for the grant/decision, given that no waiting list was to be maintained as expressly laid down in the G.R dated 6th November, 2003.

8. The Government, instead, sought to act under a later G.R passed on 11th October, 2005, Exhibit- B to the Petition. Under the said G.R the previous G.R.S. including the G.R dated 6th November, 2003 were superseded. The Scheme under the G.R dated 11th October 2003 for grant of financial assistance to film producers in Marathi language was modified from the date of that Resolution.

9. Hence for applications for Government assistance for production of quality Marathi films, which were made from 11th October 2005, the said G.R dated 11th October 2005 would be applicable.

10. Under the G.R dated 11 th October 2005 films were classified under 'A', 'B' and 'C' categories for the grant of Rs.20 /3 0 lakhs, 15 lakhs and 5 lakhs respectively.

11. The films of both the Petitioners have been classified in 'C' category. In the contention of the State that the Petitioners have, therefore, become eligible for the Government assistance of Rs.5 lakhs each under the G.R dated 10th November 2005. The Petitioners claim an assistance of Rs.15 lakhs each upon the recommendation of the Chitranagari of their respective films under the G.R dated 6th November 2003 as the Petitioners had applied for the grant under that G.R in compliance with its directions and within the time schedule specified therein.

12. The Petitioners contend that they were entitled to be communicated the final Government decision by 31st March 2005. The Respondent s failed to so communicate. The Petitioners were on the wait- list of the Respondent s, which the Respondent s failed to clear. The Respondent s, therefore, cannot claim to be governed by the subsequent G.R which was not in operation until the last date of the time schedule which the Respondent s were meant to comply. Mr. Bandiwadekar, on behalf of the Petitioners rightly contended that though the G.R dated 11th October 2005 were expressl