STATE OF KARNATAKA Vs. B R CHOWDAPPA

JUDGEMENT

(1.) IN this batch of Writ Appeals and Writ Petitions, the question involved pertains to grant of aid under the Grant-in-Aid Code (hereinafter referred to as 'the Code') to the educational institutions run by the private managements for payment of salary to the teaching and non-teaching staff, whose appointments have been approved by the Government under the Code.

(2.) WHILE in some of the Writ Petitions filed by the teaching and non-teaching staff the prayer is for a mandamus to release the salary from the respective dates of approval of the appointments, in the writ Petitions filed by the managements of private educational institution the petitioners are aggrieved by the discriminatory action of the State Government in the matter of grant of aid. The Writ appeal are filed by the State and the Educational Department being aggrieved by the directions issued in the Writ Petitions for release of salary or grant, as the case may be.

(3.) THE contention of the Government is that the staff are being appointed by the respective managements of the Schools and the relationship between the managements and the staff is that of master and servant and therefore the state is not liable to pay the salary of the staff. It is further contended that the aid is given under the Code only to the managements and not to the teachers. The points that are raised for consideration by the State are: a) Whether the staff (teaching and non-teaching) working in educational institutions run by private managements can maintain writ Petitions to claim financial aid from the State Government in the absence of master and servant relationship? b) Whether the managements of private educational institutions can claim financial aid as a matter of right? c) Whether the Private educational institutions which are admitted to grant-in-aid under the code are entitled to claim the grant from the dates of their establishment merely because they have completed the eligibility under the Code or the relevant government order? d) Whether the private educational institutions or the staff are entitled to claim financial grant from the dates of the appointment of the staff when their appointment are approved subsequently? e) Whether the eligibility criteria prescribed under the Code, which is in the nature of executive instructions, would confer a right upon the private educational institutions to claim financial grant from the Government?