GANGADHARA SAHAKARI KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner by this petition is seeking appropriate writ to quash and set aside the decision of the respondent in not approving the grant to the petitioner for the year 2002 -2003 of two teachers, Shri B.J. Patel and Shri P.R. Chaudhari and it is prayed by the petitioner to direct the respondent to sanction the grant which has been deducted. The short facts of the case are that the petitioner is running school which includes two classes of 11th Standard and two classes of 12th Standard. However, for the year 2002 -2003 as per the petitioner because of unavoidable circumstances the number of students was reduced than 35 number which was normal requirement in the rural area. When the petitioner applied for grant for the year 2002 -2003, upon assessment made by the office of the District Education Officer it was found that the average presence per class was reduced to 32.40 whereas the requirement was 35 and therefore, the deduction was made for reduction of the grant by not allowing salary of two teachers, Shri B.J. Patel and Shri P.R. Chaudhari. The communication was made by the District Education Officer in this regard and thereafter the petitioner made representation to the District Education Officer by pointing the circumstances which had resulted into reduction of strength of students in classes. The District Education Officer once again considered the matter and it was found by the District Education Officer that reduction of number of students was due to the circumstances that the other school was located within the periphery of 10 kilometers and result of 10th Standard was 56.92% and he recommended for condonation. The Commissioner, Higher Education who is competent authority examined the matter and found that the proposal for condonation cannot be accepted. Under the circumstances the present petition before this Court.

(2.) I have heard Mr. Mohit Pathak with Ms. Vashi for Mr. Desai for the petitioner and Mr. Soni, learned AGP for the respondents.

(3.) IF the aspect of proportionately withholding of the grant is considered, in the present case it is not a matter where 100% grant is stopped or not allowed, but it has been disallowed only for the salary of two teachers. Therefore, when the principles of proportionately are also considered, the decision cannot be said arbitrary.