KARNAUD SHIKSHAN PRASAR SAMITI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the instant petition is to the order dtd. 5/6/2014 passed by Respondent 1, whereby Respondent 1 rejected the representation of the Petitioners for regular grant in aid (Annexure P1).

(2.) The subject matter in brief is that Petitioner 1 is a registered society under the provisions of M.P./C.G. Societies Registrikaran Adhiniyam, 1973 (henceforth 'the Adhiniyam'). Petitioner 1 is running a Higher Secondary School since 1990 in the name as Swami Vivekanand Higher Secondary School, Karnaud/Petitioner 2 and the same has been granted recognition to run the school upto 12th class. The State Government with a view to provide assistance to the non-governmental educational institutions made rules regulating grants in aid, namely, Revised Grant-in-Aid Rules for Non-Government Educational Institutions in M.P./C.G., 1979 (for short 'the Rules'). After having run the school for more than 10 years, Petitioner 1 due to extension in the activities of its school, submitted an application along with proposal for grant in aid in due procedure and format. The State Government vide its letter dtd. 16/3/2005 granted ad hoc maintenance grant of Rs.5.00 Lakhs in favour of Petitioner 1/Society. From the year 2008-09 the State Government stopped the disbursal of maintenance grant to the Petitioner/Society without giving any reason or show cause notice. The Petitioner/Society vide letter dtd. 5/6/2008 requested the Directorate of Public Instructions for continuous issuance of the grant in aid. The State Government vide letter dtd. 5/8/2008 replied that since the Petitioners have been granted Rs.10,92,000.00 as ad hoc grant, therefore, no payment is possible. The Petitioners filed a petition, being Writ Petition (S) No.4931 of 2008 before this Court, which was dismissed vide order dtd. 21/4/2011. Thereafter, the Petitioners filed an appeal, being Writ Appeal No.231 of 2011 before a Division Bench of this Court. The Division Bench finally disposed of the writ appeal vide judgment dtd. 29/10/2012 granting liberty to the Petitioners to file a representation and in turn a sympathetic consideration by the State. The representation made by the Petitioners has been dismissed. Hence, the instant petition.

(3.) Learned Senior Counsel appearing for the Petitioners submitted that issuance of grant in aid to the Petitioners is not a policy decision, but, is a statutory function under the Adhiniyam and the Rules made in this behalf. Any rejection, refusal or denial to such statutory grant can be permitted only when the reason for such rejection, refusal or denial is based on considerations permissible under the Adhiniyam and the Rules. In the present case, the relevant rules and provisions have not been considered at all. Without applying mind, a non-speaking order has been passed in spite of the direction issued by a Division Bench of this Court in Writ Appeal No.231 of 2011. The impugned order passed by Respondent 1 is violative of Article 21A of the Constitution of India which makes elementary education a fundamental right. The impugned order directly violates the fundamental rights of the students being taught in the school of the Petitioners. It was further submitted that no show cause notice or appropriate opportunity of hearing has been afforded to the Petitioners before issuance of grant in aid which was once issued to the Petitioners. Therefore, it is prayed that the State Government be directed to consider the case of the Petitioners and sanction regular maintenance grant under the relevant rules.