Teachers in non-government schools are entitled to grant-in-aid salaries under specific rules, regardless of the school's affiliation for pre-primary classes.

ORDER :

Vivek Rusia, J.

This writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalyay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellants/petitioners being aggrieved by the order dated 23.09.2024 whereby the writ Court has dismissed Writ Petition No. 19671 of 2023.

Facts of the case in brief :

2. The respondent No. 5-Bal Vinay Mandir, Indore is a non-government school has been receiving grant-in-aid from the State Government. Appellant No.1 was appointed on 01.01.1996 and appellant No. 2 was appointed on 05.01.1994 as teachers in the respondent No.-5 school and were directly getting salary in their accounts from the office of the District Education Officer since the date of their appointment. All of a sudden in the month of March, 2022, the District Education Officer, Indore has stopped crediting salary in their accounts. On enquiry from the school management, appellants came to know that the District Education Officer has stopped releasing the grant-in-aid of the school solely on the ground that the school is no more affiliated with the M.P. Board of Secondary Education, Bhopal. The aforesaid action was also challenged by respondent No.5-School by way of Writ Petition No. 18861/2022 which has been dismissed with liberty to file fresh representation before the District Education Officer who shall decide the same within a period of one month. The writ petition filed by the appellants/petitioners has also been dismissed by the writ Court only on the ground that the claim of the appellants/petitioners shall depend on the decision of the representation of the school. Hence, this writ appeal before this Court.

3. On the last date of hearing, the Government Advocate was directed to call the District Education Officer to explain as to why the grant-in-aid has been stopped. Learned Government Advocate submits that the District Education Officer, Indore filed reply in the writ petition No. 19671/2023 contending that the respondent No.5-Bal Vinay Mandir is now affiliated with the Central Board of Secondary Education hence, not entitled for grant-in-aid from the State Government. An inspection was carried out and vide order 24.05.2022 it was found that the school is not fulfilling the conditions of grant therefore, the District Education Officer after obtaining guidance from the higher authority has stopped the grant.

4. Shri P.R.Bhatnagar, learned counsel appearing for the appellants submits that the appellants are pre-primary teachers and for primary school classes no affiliation is required from the Board of Secondary Education. The State Government had already granted affiliation to the respondent No.5-Bal Vinay Mandir.

5. Shri Patne, learned counsel for the respondent No.5 submits that the school was initially affiliated to the M.P. Board of Secondary Education. In the year 2013, the affiliation was shifted from M.P. Board of Secondary Education to Central Board of Secondary Education (CBSE) after obtaining permission from the State Government. Thereafter, the State Government continued to release the grant. The benefit of kramonnati, promotion, etc. were granted to the appellants in the year 2016 and 2019 by the District Education Officer. But all of a sudden, in the year 2022 the grant has been stopped only in respect of three teachers who were getting salary from the grant-in-aid. Out of the three teachers, one has attained the age of superannuation and retired from the service.

6. Heard learned counsel for the parties.

7. The grant-in-aid to private/non-government educational institution was governed by the Madhya Pradesh Ashaskiya Shikshan Sansthan (Anudan Ka Praday) Adhiniyam, 1978 which was revised in the year 1979. As per Rule 5 of the revised Rules of 1979, an educational institution shall be entitled to receive the grant which has been in existence since last one year prior to the date of application and recognized from the Board of Secondary Education for Higher Secondary School and from the U