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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
VIBHA KANKANWADI, S.G.CHAPALGAONKAR
Government Aided Technical Institutes Employees Welfare Board (GATIWEB), Through its Secretary, Mr. Nandkishor S/o Jaynarayan – Appellant
Versus
State of Maharashtra, Through it Secretary, Higher and Technical Department – Respondent
JUDGMENT :
S. G. Chapalgaonkar, J.
1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.
2. The petitioner approaches this Court under Article 226 of the Constitution of India, assailing Clause No.10 of the Government Resolution dated 21.08.2015 issued by the State of Maharashtra through its Higher and Technical Department-respondent no.1, by which a system for processing salary bills through computerized system namely HTE-Sevarth Pranali has been implemented throughout the State. The petitioner has further prayed to issue Writ of Mandamus or any other appropriate Writ against respondent nos.1 and 2 to decide pending proposal/representation made by the petitioner for release of 100% salary and allowances to its members through HTE-Sevarth Pranali, which is pending since 2016.
3. The petitioner contends that it is a registered Society under Bombay Public Trust Act, 1950, functioning under name and style as “Government Aided Technical Institutes Employees Welfare Board” (GATIWEB) and committed for welfare of its members, who are employees of the Government Aided Technical Institutions under Directorate of
The right to grant-in-aid is not absolute and depends on state financial policy, thereby, limitations on salary grants imposed by the State are lawful.
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The Right to free education does not confer entitlement to recurring aid for all private primary schools; compliance with legal requirements is essential for salary claims against the State.
The obligation of the State to provide free education under Article 21A does not create an automatic right for private institutions to receive recurring grants from the government.
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