The Government has the power and duty to verify and inspect institutions receiving grant-in-aid to ensure proper utilization of public funds and compliance with standards.

The petitioners from all the petitions are registered under the Public Trusts Act and it is their case that they are Non Government Organisations (NGOs) and as such on non profit basis they are running Balgruhas/Balsadans/Balakashrams/children Homes at various places. On the basis of permission and recognition given by the State Government to them, they were receiving grant-in-aid. They have challenged Government Resolution dated 1.10.2016 issued by the Women and Child Development Department Government of Maharashtra. Due to the Government Resolution there will be verification of the record of the petitioners and only after inspection and verification a decision will be taken on the entitlement of the petitioners to get the grant. On the basis of that verification and inspection further decision can be made like cancellation of permissions.

2. It is the case of the petitioners that in the past the district authority had made inspection and had verified the record for consideration of release of the grant-in-aid and in accordance with that verification the Divisional Deputy Commissioner, Women and Child Development Aurangabad had made order to release the grants in favour of the petitioners. It is the contention of the petitioners that the record whatever they have maintained was in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act 2000 and the new directions of verification and inspection show that more record will be inspected. Another submission is made like repealing of the rules made under the Act of 2000 due to coming into force of the Juvenile Justice (Care and Protection of Children) Act 2015 and due to that such inspection or verification is not possible. On the other hand, the learned Senior Counsel Shri. P.V. Mandlik for the respondents submitted that as the Government is giving grantinaid the Government has every power to verify as to whether the petitioners are entitled to get the grantinaid as per the rules which were already framed for giving such aid and to see as to whether necessary record in support of the claims is available. The learned Senior Counsel submitted that when at the Principal Seat petitions were filed by some institutions of that area and the reassessment/revaluation was challenged, this Court held that the Government has the power to make such reassessment/revaluation as grantinaid was given to them and as they are claiming grantinaid. Learned Senior Counsel submitted that this Court also observed that it is the duty of the State to ensure that the grantinaid is released only to deserving and eligible institutions. (Writ Petition No. 5811 of 2016 Jai Tuljabhavani Bahu Samajsevi Sanstha v. The State of Maharashtra decided at the Principal Seat on 31.1.2017). The learned Senior Counsel further submitted that, this Court (Aurangabad Bench) had also observed in the judgment and order dated 27.6.2016 in Writ Petition No.11237/2015 (Shobhana Shikshan Sanstha and Others v. State of Maharashtra) with connected writ petitions that the State Government was expected to look into the subject and give directions to the concerned Department to ensure the disbursement of the amount as per the entitlement of those petitioners after verifying the original record maintained by the concerned authorities and the record of the petitioners. This exercise was to be done within 12 weeks from the date of the order. At the Principal Seat the time of one year is given for such exercise from 31.1.2017.

3. Learned Senior Counsel Shri. V.J. Dixit for the petitioners in Writ Petition No. 11245 of 2016 argued some technical points like absence of rules for doing such exercise. The learned Senior Counsel Shri. Dixit submitted that the provisions of the Act, 2000 and the Rules framed under the said Act, 2000 came to be repealled when the Act, 2015 came into force. He submitted that in view of these circumstances, the provisions of the previous Act, 2000 or the Rules framed thereun