Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Mad) 2960

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM & THE HONOURABLE MR. JUSTICE S. MANIKUMAR
Maria Grace Rural Middle School - Appellant
Versus
The Government of Tamil Nadu rep. by its Secretary & Others - Respondents
W.A. Nos.1213 of 1999 to 1228 of 1999, 1604 of 1999 to 1607 of 1999, 2044 of 1999, 100 of 2001 to 102 of 2001, 313 of 2001 & W.P. Nos.10365 of 1999, 6265 of 2000, 7334 of 2000, 11899 of 2000
Decided On : 04 November 2006

Appearing Advocates: For the Appellant:K. Ravichandra Babu, M. Joseph Thatheus Jerome, V. Ramajagadeesan, D. Rajendran, T. Ravikumar, Isaac Mohanlal, A. Immanuel, S.N. Ravichandran, I. Arokiasamy, Advocates. For the Respondents:R. Viduthalai, Advocate General assisted by M. Sekar, Special Government Pleader.

Grant-in-aid is not a fundamental or statutory right and depends on the economic capacity of the state. The state's policy decision to deny aid to private schools established after 1991-92 was within the executive domain and did not violate any constitutional provisions.

Headnote:
Grant-in-aid - Tamil Nadu Recognised Private Schools (Regulation) Act - Section 14, Section 14-A, Rule 11 - The court upheld the constitutionality of Section 14-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, which denied grant-in-aid to private schools established after the academic year 1991-92. The court found that grant-in-aid is not a fundamental or statutory right and depends on the economic capacity of the state. The court also noted that the state had achieved a 100% Gross Access Rate in primary schools by 2003-2004, fulfilling its constitutional duty to provide free education to all children below 14 years. The court concluded that the policy decision to deny aid to private schools established after 1991-92 was within the executive domain and did not violate any constitutional provisions.
Fact of the Case:

The writ appeals and writ petitions were filed against the common order dated 22.03.1999 made in a batch of writ petitions, wherein the learned single Judge upheld the Government Order denying grant-in-aid to private schools established after the academic year 1991-92. The petitioners challenged the constitutionality of Section 14-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, as inserted by Section 6 of the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1998, alleging violation of various fundamental rights under the Constitution of India.
Finding of the Court:

The court found that the impugned provision, Section 14-A, did not violate any constitutional provisions and was constitutionally valid. The court noted that grant-in-aid is not a fundamental or statutory right and depends on the economic capacity of the state. The court also observed that the state had achieved a 100% Gross Access Rate in primary schools by 2003-2004, fulfilling its constitutional duty to provide free education to all children below 14 years. The court concluded that the policy decision to deny aid to private schools established after 1991-92 was within the executive domain.
Issues: The issues involved in the case included the constitutionality of Section 14-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, and the denial of grant-in-aid to private schools established after the academic year 1991-92. The court also considered the fundamental rights enshrined under Part III of the Constitution of India, particularly Articles 21, 21-A, 30(1), and 30(2).
Ratio Decidendi: The court held that grant-in-aid is not a fundamental or statutory right and depends on the economic capacity of the state. The court also noted that the state had achieved a 100% Gross Access Rate in primary schools by 2003-2004, fulfilling its constitutional duty to provide free education to all children below 14 years. The court concluded that the policy decision to deny aid to private schools established after 1991-92 was within the executive domain and did not violate any constitutional provisions.
Final Decision: The court dismissed the writ appeals and writ petitions, upholding the constitutionality of Section 14-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, and the denial of grant-in-aid to private schools established after the academic year 1991-92.

Judgment :-

(Writ Appeals are filed under Clause 15 of the Letter patent against the order passed in W.P.No.4237 of 1996 dated 22.03.1999 made by His Lordship the Hon'ble Mr. Justice P. Shanmugham.

Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus as stated therein.)

P. Sathasivam, J.

Since the issue in the writ appeals as well as the writ petitions is one and the same, they are being disposed of by the following common judgment.

2. The writ appeals are filed against the common order dated 22.03.1999 made in a batch of writ petitions, viz., W.P.Nos.6781 of 1993, etc., wherein the learned single Judge, after finding that the writ petitioners/Educational Institutions after the commencement of the academic year 1991-92 are not entitled to the grant of any Aid or the up-gradation of posts and salary for the teachers appointed, upheld the Government Order and dismissed all the writ petitions.

3. In all the writ petitions, the petitioners/Educational Institutions, Educational Agencies, Parent-Teachers Association, challenge Section 14-A the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (in short "the Act"), as inserted by Section 6 read with Section 1(2)(b) of the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1998 as it is unconstitutional and violative of Articles 14, 21, 21-A, 30(2), 39, 41, 45 and 46 of the Constitution of India.

4. Brief facts:-

(a) Prior to the introduction of Tamil Nadu Recognised Private Schools (Regulation) Act 1973 (Tamil Nadu Act 29 of 1974), Primary and Middle Schools were governed by the Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act V of 1920), Tamil Nadu Panchayats Act, 1958, City Municipal Corporation Act, 1920 and Tamil Nadu District Municipalities Act, 1920.

(b) From the year 1964-65 onwards complete free education system was introduced in the State. Aid to the management was given by way of grant to meet the entire expenditure incurred towards payment of salary to teachers through monthly teaching grant. While deficit grant was paid prior to 1964-1965, full grant was sanctioned from 1964-65 onwards. During 1973, Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Tamil Nadu Private Schools (Regulation) Rules, 1974 came into operation governing recognised Aided institutions. According to Section 14 of the said Act and Rule 11 of the said Rules, aid was assessed for all the recognised institutions.

(c) According to Rule 1 of the Rules framed under the Tamil Nadu Elementary Education Act 1920, the power to grant permission to open new schools, additional classes in the existing schools and to grant or withdraw recognition/aid to or from Elementary Schools vests with the Officers of the Education Department. High Schools were governed by Madras Educational Rules, now called, Tamil Nadu Educational Rules. The power of recognition of secondary and Higher Secondary Schools is vested with the Director of School Education.

(d) The Tamil Nadu Recognised Private Schools (Regulation) Act 1973 and the Rules made thereunder now govern the aided Primary, Middle, High and Higher Secondary Schools. Grant of aid to such Schools is governed by the grant-in-aid code. Article 5 of the Grant-in-aid code deals with the payment of Teaching grant/staff grant to all types of Recognised schools under private management.

(e) When the Non-Minority institutions have to get prior permission to open new institutions, the management of minority institutions can open an Institution without prior permission and thereafter apply for the grant of recognition and aid. The minority schools are covered by the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules, 1977. As per the Rules, no special status is conferred on minority schools in respect of payment of grant, and Rule 6 categorically states that minority schools may be paid grant subject to the orders and instructions issued by the Gove

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