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District Primary Education Officer v. Vidotejak Mandal

Supreme Court of India · 4 August 1995 · [1995] SUPP. 2 S.C.R. 556

Court
Supreme Court of India
Decided
4 August 1995
Case no.
C.A. No. 7091 of 1995
Reported as
[1995] SUPP. 2 S.C.R. 556
Result
Appeal(s) allowed
Bench
Ramaswamy, K.
Length
3 pages
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PETITIONER:
DISTRICT PRIMARY EDUCATION OFFICER,MEHSANA ETC. ETC.
Vs.
RESPONDENT:
VIDOTEJAK MANDAL & ORS. ETC.
DATE OF JUDGMENT04/08/1995
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 AIR 2397 1995 SCC (5) 324
1995 SCALE (4)707

ACT

HEADNOTE

JUDGMENT

THE 4TH DAY OF AUGUST, 1995 Present:

Hon’ble Mr. Justice K.Ramaswamy

Hon’ble Mr. Justice B.L.Hansaria Mr. Narayan Shetty, Sr. Adv. and Mr.S.C.Patel, Adv. with him for the Appellant in C.A.No. 7091/95 Mr.S.K.Dholakia, Sr. Adv. Mrs.H.Wahi, Adv. with him for the State of Gujarat. Mr.R.P. Bhatt, Sr. Adv. and Mr.M.N. Shroff, Adv. with him for the Respondents.

ORDER The following Order of the Court was delivered :

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7091 OF 1995

(Arising out SLP [C] No.18381 of 1995) District Primary Education Officer, Mehsana etc. etc. v. Vidotejak Mandal & Ors. etc.

AND

CIVIL APPEAL Nos. 7092-93 of 1995

[Arising out of SLP (c) Nos.9626, 14744/95)

ORDER

Delay condoned. Leave granted.

These appeals by special leave arise from the Judgment of the Division Bench of the Gujarat High Court dated March 3, 1994 made in L.P.A. No. 129/93 and batch. Respondent No.1 is a Trust which is a recognized Institution running primary education schools. It claimed for grant-in-aid for one clerk and one peon, i.e., non-teaching staff. The appellants rejected the claim. When they approached under Art. 226, the High Court interpreted sub-rule (3) of Rule 115 of the Bombay Primary Education Act, 1949 holding that while a institution running more than one school is given grant-inaid to non-teaching staff the refusal thereof to a single school is violative of Art. 14. Direction, therefore, was given to accord grant-in-aid to the non-teaching staff of the respondent’s school.

The question, therefore, is whether the Institutions running single school are entitled to grant-in-aid for the non-teaching staff like clerk & peon. Rule 115 (1) and (3) reads thus:

Sub-rule (1). "Normally the grant paid

to an approved private school in any

year is the grant paid for that year and

shall be calculated on the number of

pupils in average attendance in the

school during the preceding year.

Provided that :-

(i) grant to an approved private school

during the first year of its existence

shall be based on the number of pupils

in average attendance in the school

during the first half of the school

year. Such grant shall not, however,

exceed three fourths of the estimated

expenditure of the school of the pay of

its teacher, during the year; and

(ii) no grant to an approved school

shall be paid in any year unless the

average attendance of pupils is 25 and

above during the year.

Explanation - In the case of two or more

approved schools conducted by an

Association or Society, the average

daily attendance shall be calculated by

adding together the actual number of

daily attendance of pupils of all the

schools conducted by the Association or

Society and dividing the total by the

number of schools so conducted."

Sub-rule (3). "Subject to the

instructions that may be issued by the

Director from time to time educational

bodies or associations conducting a

number of approved schools shall be

entitled to grant on overhead

expenditure at three fourths of their

approved expenditure under that head."

When a doubt has arisen whether the rule will be applied to the teaching staff as well, we directed the Government to clarify its stand. An additional affidavit has been filed on July 11, 1995 in which Dr. I.M. Patel, the Director of Primary Education stated in paragraph 2 thus :

"That the controversy involved in this

case is limited to the payment of grant

payable to non-teaching staff only. As

far as grant towards salary expenses of

teaching staff is concerned, it is being

paid to all the teacher of private

schools irrespective of the fact whether

an institution or trust runs one school

or more than one school. The percentage

of grant payable towards Salary expenses

to teaching staff varies from 85% to

95%. The copy of the resolution of

Education Department of Govt. of Gujarat

dated 11th October, 1977 is annexed

herewith and marked as Annexure "B". It

is further submitted that even in Govt.

Primary School there is no such practice

of appointing non-teaching staff like a

clerk or a peon. On the other hand if

there are more than 200 students then

one extra teacher is permitted to be

appointed. Moreover in such schools

clerical work is very less. The salaries

of teachers are directly paid by Govt.

through cheque. Moreover additional

teachers as aforesaid over the strength

of 200 students undertake the

responsibility of administrative,

clerical and other misc. kind of work if

necessary. Even where the institution

runs more than once school, the grant

towards the salary expenses of non-

teaching staff is not being paid. There

is not a single primary school in the

state of Gujarat where grant for such

expenses incurred under the overhead of

Non-teaching staff is paid."

It would thus be clear that they being not only as a matter of rule and also practice, no money is being paid by way of grant-in-aid or otherwise to any school either maintained by the Municipality or any statutory body. The administrative work is being got done by the appropriate persons including teachers even in Government Primary Schools as averred in the additional affidavit. We are of the opinion that the High Court was, therefore, not right in holding that there is a discrimination in denying the payment of grant-in-aid to the respondents for the nonteaching staff.

The appeals are accordingly allowed. No costs.

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