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IN THE HIGH COURT OF ALLAHABAD
Irshad Ali, J.
Committee of Management Raj Dutta Shukla Purva Madhyamik – Petitioner
Versus
State of U.P. Through Secretary Basic Education Department – Respondent
Writ - C No. 1005661 of 2008
Decided On : 14-09-2022
grant-in-aid - Education Institution - Government Order dated 07.09.2006 - Sections 1, 2, 3, 4, 8 - The court discussed the provisions of the Government Order dated 07.09.2006, the recommendations of the District Level Committee and the Regional Level Committee, and the violation of principles of natural justice. The court highlighted the importance of following the committee's recommendations and the principles of natural justice in reaching its decision to set aside the impugned order and direct the State Government to take the petitioner's institution under grant-in-aid.
Fact of the Case:
The petitioner sought to quash the order rejecting their representation for grant-in-aid for their educational institution. The institution had been recognized but was not granted grant-in-aid benefits. The petitioner filed multiple objections and representations, and the case went through various committees and court directions.
Finding of the Court:
The impugned order was found to be unjustified and in violation of principles of natural justice. The court decided to set aside the order and directed the State Government to take the petitioner's institution under grant-in-aid within four months.
Issues: Violation of principles of natural justice, non-compliance with committee recommendations, and unequal treatment of similarly situated institutions.
Ratio Decidendi: The impugned order was set aside due to violation of principles of natural justice, non-compliance with committee recommendations, and unequal treatment of similarly situated institutions.
Final Decision: The impugned order dated 16.06.2008 was set aside, and the State Government was directed to take the petitioner's institution under grant-in-aid within four months.
JUDGMENT :
1. Heard Sri G.C. Verma, learned counsel for the petitioner and Sri Pankaj Kumar Shukla, learned Additional Chief Standing Counsel (A.C.S.C.) for respondent - State.
2. This writ petition has been filed seeking a direction in the nature of certiorari quashing the impugned order dated 16.06.2008 issued by respondent No.1, whereby the representation filed by the petitioner - Committee of Management has been rejected.
3. Brief fact of the case is that the institution in question, namely, Raj Dutta Shukla Purva Madhyamik Vidyalaya Sarauli, Amaniganj, Faizabad was granted recognition in the year 1982 and posts of teaching and non-teaching staff were sanctioned by the competent authority and were filled up in accordance with law and in pursuance thereof, appointment letters to the respective appointments were issued on 10.08.1984.
4. The petitioner raised an objection against the inspection report by which the institution was not found suitable for taking into grant-in-aid list by submitting khatauni of khasra Nos.1408, 1413 & 1414.
5. On 07.09.2006, a Government Order has been issued, which substantiates the case of the petitioner. On 03.11.2006, another objection was raised by the petitioner and explanation to the same was submitted on 10.11.2006.
6. On 01.12.2006, the District Inspector of Schools (DIOS) submitted a report supporting the institution to be enlisted into grant-in-aid list. Subsequently, vide order dated 02.12.2006 Government itself took a decision to enlist the institution into grant-in-aid list on the basis of permanent recognition granted and District Level Committee as well as Regional Level Committee submitted its report in the matter but no heed was paid by the respondents.
7. Thereafter, the petitioner filed Writ Petition No.6234 (M/S) of 2007, which was finally disposed of with a direction to the respondents to take final decision within a period of one month from the date of order of this Court.
8. Against non-compliance of the aforesaid judgment and order, the petitioner filed a contempt petition. Thereafter, vide order dated 04.01.2007, the Assistant Director, Basic Education Department rejected claim of the petitioner. The petitioner submitted a representation in regard to its claim on 18.01.2007 & 20.01.2007 and in pursuance thereof, a Regional Level Committee was constituted on 17.05.2007. In pursuance thereof, the claim of the petitioner has been rejected vide impugned order dated 16.06.2008. Hence, the present writ petition has been instituted before this Court.
9. Submission of learned counsel for the petitioner is that the petitioner is running the institute in the name of Raj Dutta Shukla Purva Madhyamik Vidyalaya, which was granted temporary recognition on 21.04.1982 and a permanent recognition on 23.03.1985. It is submitted that although the institution of the petitioner was recognized, the same was not having the fruits of grant-in-aid. The State Government with a view to bring certain institutions under grant-in-aid issued a Government Order on 07.09.2006, wherein a decision was taken for bringing certain institutions under grant-in-aid, who were fulfilling the criteria as specified from serial No.1 to Serial No.8 in the said Government Order. The said Government Order also provided timeline for the institutions to file their applications, which were to be disposed of according to the time schedule as specified. Clause-3 of the said Government Order also created the committees at the directorate level as well as at the regional level comprising of a person as specified, who were to verify and to recommend the applications for bringing the institutions under grant-in-aid list.
10. In pursuance to the aforesaid Government Order, it is claimed that the institution of the petitioner filed an application before the District Level Committee and the said committee recommended the case of petitioner's institution for being considered to be brought under grant-in-aid (contained as Annexure No.-2 to th
The importance of following committee recommendations, principles of natural justice, and equal treatment of institutions in grant-in-aid decisions.
The court established that an institution's right to grant-in-aid crystallizes under earlier government orders, and arbitrary denial based on newer policies violates constitutional rights.
when the petitioner-institution had been ousted from the list of selected institutions which was issued on 2.12.2006, then subsequently if the petitioner-institution was eligible, it could not be inc....
The court emphasized the importance of compliance with grant-in-aid conditions and the violation of principles of natural justice in administrative decisions.
The impugned order was contrary to the court's earlier directions, and the authorities were obligated to consider the compliance furnished by the petitioner institution and pass necessary orders in a....
Ensuring adherence to governmental provisions regarding educational grants is vital for institutional funding.
The central legal point established in the judgment is the discriminatory refusal of financial approval by the State Government, in violation of Article 14 of the Constitution of India, despite admin....
Once the decision has been taken to release the grant-in-aid, it should be released uniformly without putting any riders in the same.
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