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GAUHATI HIGH COURT
J.N.Sarma, J.
Ramani Bhargave -Appellant
Versus
State of Assam and Ors. -Respondent
Civil Rule Nos. 1727 of 1992 and 393 of 1993
Decided On : 18-08-1993
ASSAM SECONDARY EDUCATION (PROVINCIALISATION) ACT, 1977 - SECTION 7 - PROVINCIALISATION OF SCHOOLS - CONDITIONS - WRIT PETITION - MAINTAINABILITY - PRIVATE UNAIDED SCHOOLS - REGULATION BY STATE - PUBLIC DUTY - ARTICLE 14 AND 15 OF THE CONSTITUTION OF INDIA.
Fact of the Case:
The Hindi Girls High School, Tinsukia, established in 1963, received grants-in-aid from the State of Assam and was recognized by the State in 1978. In 1991, the Governor of Assam issued a notification provincializing 575 schools, including the present school. However, the provincialization was challenged in a writ petition, and the court issued an interim order staying the provincialization. Subsequently, the Deputy Secretary of Education issued a letter stating that the school was exempted from provincialization. The school management then started harassing the teachers and staff, leading to the filing of a writ petition challenging the illegal termination orders. The court issued a rule and stayed the termination orders. The school management moved an application to vacate the interim order, claiming that the school was a private unaided school and that the writ petition was not maintainable. The court rejected the application and directed the school management to pay the arrear salaries to the petitioners since November 1991.
Finding of the Court:
The court held that the school in question was not a private unaided school but was receiving grants-in-aid from the State Government. Therefore, it was subject to the regulatory measures of the State Government, including provincialization. The court also held that the writ petition was maintainable as the school discharged a public duty and was subject to Article 14 of the Constitution of India. The court further held that the State Government had an obligation to protect its citizens and ensure the smooth management and administration of the school.
Issues: 1. Whether the school in question was a private unaided school or a school receiving grants-in-aid from the State Government? 2. Whether the writ petition was maintainable? 3. Whether the State Government had an obligation to protect its citizens and ensure the smooth management and administration of the school?
Ratio Decidendi: 1. The court held that the school in question was not a private unaided school but was receiving grants-in-aid from the State Government. Therefore, it was subject to the regulatory measures of the State Government, including provincialization. 2. The court held that the writ petition was maintainable as the school discharged a public duty and was subject to Article 14 of the Constitution of India. 3. The court held that the State Government had an obligation to protect its citizens and ensure the smooth management and administration of the school.
Final Decision: The court directed the State Government to consider whether the school in question should be provincialized under the provisions of the Assam Secondary Education (Provincialisation) Act, 1977. In the alternative, the court directed the State Government to frame a scheme to provide for the management of the school, regulate admissions and the conditions of service of teachers, and determine the fees to be charged from students. The court also directed the school to be immediately opened and necessary steps to be taken to run the school for the interest of the students.
1. To quash the letters dated 2.1.92 and 29.7.92 (Annexure C and H) to the writ application.
2. Or declaration that the school in question is a provincialised school in terms of notification dated 16.11 91 (Annexure A).
3. To give benefit to the petitioners of the provincialisation scheme with effect from 19.11.91.
2. The brief facts are as follows : The Hindi Girls High School, Tinsukia was established in the year 1963 on a plot of land given by the State of Assam in the heart of town. The school was constructed out of donations from the public at large from Tinsukia town and it was not constructed out of the contributions from any linguistic minority. The school received grants in aid from the State of Assam from time to time. The school does not belong to any linguistic minority.
3. On 13.11.78 the school was recognised by the State of Assam. The Director of Secondary Education, respondent No. 3 on 10.10.91 issued a circular to all the Inspector of Schools throughout the State dissolving all the Managing Committees including the Managing Committee of the present school. The present Managing Committee of the school (respondent No. 5) does not have any authority to interfere with the function of the school as no Managing Committee of the school was formed with the approval of the Inspector of Schools after 10.10.91.
4. On 16.11.91 the Governor of Assam was pleased to provincialise 575 schools throughout the State for providing better service conditions to the teaching and non teaching staff and also for better education and also for providing free education, free supply of text books as per mandate of Article 45 of the Constitution of India. The list of the 575 schools including the present school were published in Assam Tribune on 19.11.91. The respondent No. 4 ie Hindi High School Society, Tinsukia, riled a writ petition being Civil Rule No. 4605 of 1991 before this Court challenging the validity of sections 3 and 5 of the Assam Secondary Education (Provincialisation) Act, 1979 and Rule 9 of the Assam Secondary Education (Provincialisation) (Service and Conduct) Rules, 1979. The Court issued rule with an interim order that meanwhile the school will not be taken over by (he State.
5. On 2.1.92 the Deputy Secretary, Education Department in pursuance to the order dated 22.11.91 passed by the Hon'ble High Court issued the order that 4 (four) schools including the present school were exempted and dropped from the scheme of provincialisation. In fact, 3 (three) other schools mentioned therein were not covered by the order dated 22.11.91 in Civil Rule No. 4605 of 1991. The Deputy Secretary, Education Department, realising the mistake superseded this letter dated 2.1,92 by another letter dated 26.3.92. In this letter dated 26.3.92 it was stated that the provincialisation of Hindi Girls High School, Tinsukia be stayed in view of the Hon'ble High Court's Order dated 22.11.92 passed in Civil Rule No. 4605 of 1991 and not exempted and dropped as stated in letter dated 2.1.92. This letter dated 26.3.92 is at Annexure D to the writ application. The same reads as follows :
"In partial modification of Govt. letter No. cited above, I am directed to say that provincialisation of Hindi Girls High School, Tinsukia, be stayed in view of Hon'ble High Court's order dated 22.11.91 passed in Civil Rule No. 4605 of 1991".
6. After obtaining the stay order of this Court, the respondent No. 5 (Managing Committee of the school) started harassing the teachers and staffs by instituting false cr
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