VIRUPAKSHA GOUDA M. PATIL S/O MALLANA GOUDA Vs. SMT. KAMALAMMA DIRECTOR OF PUBLIC INSTRUCTIONS [HIGHER EDUCATION] BANGALORE DIVISION NRIPATHUNGA ROAD, BANGALORE

JUDGEMENT

(1.) IN matters where the State extends aid in favour of teachers employed by privately managed educational institutions, extent to which aid is extended and the manner of extending such aid and to the number of posts ouch aid is extended is a matter within the domain of the State Government which has to meet the funds and depending upon the financial capacity of the State Government. Just because some private management institutions appoint good number of teachers whether in need or otherwise, it does not mean that the State can be saddled with liability to extend such aid. In the first instance, extending aid is not a matter of right. In a matter of this nature, assuming that a learned single Judge of this court after examining the grievance of the petitioner had issued some directions, such directions are more in the nature of wishful thinking and not based on any statutory provision or law and therefore cannot form subject matter of contempt petition for calling upon the accused to satisfy this court as to why action is not taken in accordance with the directions. A situation may arise in future wherein it can become an embarrassment for this court for entertaining contempt petition in respect of each and every direction given and on the premise that it is not obeyed or implemented, if it is to be pointed that such compliance may give rise to a violation in law.

(2.) WE are not at all satisfied that the present order is one which can give cause for initiating contempt proceedings against the respondent - accused and therefore the application for amendment as well as the contempt petition are dismissed.