2014 Supreme(Tri) 330

IN THE HIGH COURT OF TRIPURA
S. Talapatra, J.
Managing Committee of New Hindi Secondary School - Appellant
Versus
State of Tripura - Respondent
W.P. (C) No. 372 of 2010Decided On : 26-09-2014

Headnote:

[KEYWORD] - Grant-in-aid status - Withdrawal - Res judicata - Locus standi - Fair action - Grant-in-Aid (Government Aided Schools) Rules, 2005 (Tripura) - Rules 3 and 10 - Constitution of India, 1950 - Articles 14, 21A and 39A.

Fact of the Case:

The New Hindi Secondary School, a privately managed Educational Institution, approached this court by filing a writ petition, being W.P. (C) No. 360/2008 and W.P. (C) No. 235/2009, for releasing their pay and allowances and other pecuniary benefits w.e.f. 01.04.2007 at the rate as applicable for the teaching and non-teaching staff of Grant-in-aid educational institutions. Indisputably, the New Hindi Secondary School was brought under the grant-in-aid scheme by the notification dated 16.04.2007, Annexure 4 to this writ petition. During pendency of the said writ petition, the grant-in-aid status of the New Hindi Secondary School was withdrawn by the notification dated 17.12.2008, Annexure-21 to this petition. It would appear that before 17.12.2008, no benefit under the grant-in-aid scheme was released in favour of the said school. Challenging the said notification dated 17.12.2008, the Managing Committee of the New Hindi Secondary School filed another writ petition, being W.P. (C) No. 235/2009. By the order dated 05.03.2010 passed in W.P. (C) No. 360/2008 and W.P. (C) No. 235/2009, the impugned Notification dated 17.12.2008 was hereby quashed. The State respondents were directed to give reasonable opportunity in compliance of Rule 10 of the Grant-in-Aid Rules, 2005 to the New Hindi Secondary School, Khejurbagan through the Principal or/School Managing Committee or/authorized representative by allowing them to file the documents and their pleadings, if necessary by hearing them in person before passing any order for withdrawal/cancellation of the said Notification dated 16.04.2007 and the New Hindi Secondary School, Khejurbagan at present shall be under Grant-in-aid scheme. However, it is left to the wisdom of the State respondents to decide the quantum of the arrear of pay and allowances of the teaching and non-teaching staff of the school and also the date of implementation of the Mid-Day-Meal Scheme in the Primary Section of the School within three months from the date of receipt of the certified copy of this judgment and order. It is also made clear that the State respondents shall keep in view of the observations and findings of this Court in the present judgment and order in passing order regarding the matters relating to the Grant-in-aid to the New Hindi Secondary School and the State respondents shall make the funds available for payment of the salaries of the teaching and non-teaching staff of the school at the rate fixed for the teaching and non-teaching staff of the Government aided Schools in the State of Tripura.

Finding of the Court:

The court held that the petitioner-school has failed to show that it has the eligibility to be conferred with the grant-in-aid status. As such, no mandamus can be issued commanding the respondents to confer the grant-in-aid status to the petitioner-school. However, the court also held that the petitioner-school has given an undertaking that they are in a position to acquire the land within a period of six months, if they are so permitted. Having regard to the future of the said school and also to the Constitutional mandate to provide free and compulsory education to the children up to the age of 14 under Article 21A of the Constitution of India, if within 6(six) months, as undertaken by the petitioner-school, the land required for functioning of the school of Secondary level, is acquired and a fresh application is made with all particulars of land and on conforming to the other conditions as provided under Rule 3 of the Grant-in-Aid Rules, 2005, the respondents shall grant them the grant-in-aid status within a period of 1(one) month from the day of compliance as above.

Issues: (i) Whether the petitioner-school is entitled to have the grant-in-aid status in the circumstances as stated? (ii) Whether the impugned order can be interfered with, with mandate to the respondents to release the grant as sought for and to implement the mid-day meal scheme etc.?

Ratio Decidendi: (i) The court held that the petitioner-school has failed to show that it has the eligibility to be conferred with the grant-in-aid status. As such, no mandamus can be issued commanding the respondents to confer the grant-in-aid status to the petitioner-school. (ii) However, the court also held that the petitioner-school has given an undertaking that they are in a position to acquire the land within a period of six months, if they are so permitted. Having regard to the future of the said school and also to the Constitutional mandate to provide free and compulsory education to the children up to the age of 14 under Article 21A of the Constitution of India, if within 6(six) months, as undertaken by the petitioner-school, the land required for functioning of the school of Secondary level, is acquired and a fresh application is made with all particulars of land and on conforming to the other conditions as provided under Rule 3 of the Grant-in-Aid Rules, 2005, the respondents shall grant them the grant-in-aid status within a period of 1(one) month from the day of compliance as above.

Final Decision: The writ petition was allowed to the limited extent as indicated above. The court made it clear that the effect of this order shall only be confined to the petitioner-school in the peculiar fact and circumstances of the case. There shall be no order as to costs.