VANDANA TARE Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ appeal under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalyay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellants/petitioners being aggrieved by the order dtd. 23/9/2024 whereby the writ Court has dismissed Writ Petition No. 19671 of 2023.

(2.) The respondent No. 5-Bal Vinay Mandir, Indore is a non- government school has been receiving grant-in-aid from the State Government. Appellant No.1 was appointed on 1/1/1996 and appellant No. 2 was appointed on 5/1/1994 as teachers in the respondent No.-5 school and were directly getting salary in their accounts from the office of the District Education Officer since the date of their appointment. All of a sudden in the month of March, 2022, the District Education Officer, Indore has stopped crediting salary in their accounts. On enquiry from the school management, appellants came to know that the District Education Officer has stopped releasing the grant-in-aid of the school solely on the ground that the school is no more affiliated with the M.P. Board of Secondary Education, Bhopal. The aforesaid action was also challenged by respondent No.5- School by way of Writ Petition No. 18861/2022 which has been dismissed with liberty to file fresh representation before the District Education Officer who shall decide the same within a period of one month. The writ petition filed by the appellants/petitioners has also been dismissed by the writ Court only on the ground that the claim of the appellants/petitioners shall depend on the decision of the representation of the school. Hence, this writ appeal before this Court.

(3.) On the last date of hearing, the Government Advocate was directed to call the District Education Officer to explain as to why the grant- in-aid has been stopped. Learned Government Advocate submits that the District Education Officer, Indore filed reply in the writ petition No. 19671/2023 contending that the respondent No.5-Bal Vinay Mandir is now affiliated with the Central Board of Secondary Education hence, not entitled for grant-in-aid from the State Government. An inspection was carried out and vide order 24/5/2022 it was found that the school is not fulfilling the conditions of grant therefore, the District Education Officer after obtaining guidance from the higher authority has stopped the grant.