DISTRICT PRIMARY EDUCATION OFFICER MEHSANA Vs. VIDOTEJAKMANDAL

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) These appeals by special leave arise from the judgment of the Division Bench of the Gujarat High Court dated 3-3-1994 made in L.P.A. No. 129 of 1993 and batch. Respondent 1 is a Trust which is a recognised institution running primary education schools. It claimed for grants-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 an institution running more than one school is given grants-in-aid to non-teaching staff the refusal thereof to a single school is violative of Art. 14. Direction, therefore, was given to accord grants-in-aid to the non-teaching staff of the respondent's school.

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