Judicial Review of Arbitrary State Action in Denying Grant-in-Aid to Classified Special Schools
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Case: Shri Swami Samarth Bahuddeshi Sanstha, Vairag, Through its President, Prakash Ramchandra Kharatmol v. The State of Maharashtra
Court: Bombay High Court
Date: 29-07-2026
Law: Constitution of India, Right of Children to Free and Compulsory Education Act, Rights of Persons with Disabilities Act.
Highlights of the Judgment:
- Examination of State discretionary power in sanctioning grant-in-aid to special schools for disabled children.
- Analysis of arbitrariness regarding the retrospective application of new Government Resolutions to pending proposals.
- Interpretation of State obligations under the Rights of Persons with Disabilities Act, 2016, and the Right to Education Act, 2009.
- Evaluation of the evidentiary weight of favorable inspection reports and "A" grade classifications in determining aid eligibility.
- Judicial scrutiny of discriminatory practices where similarly situated institutions are excluded from benefit schemes without cogent reasons.
- Application of the Disabled School Code, 2018, regarding procedural requirements for converting school status to grant-in-aid.