JALADA DALANG UCHHA BIDYAPITH Vs. STATE

JUDGEMENT

(1.) The core question that arises for determination in this case is whether a private educational institution on satisfying the prescribed eligibility criteria for receiving grant-in-aid from the State Government becomes entitled to receive such aid with effect from that date.

(2.) Jalada Dalang Uchha Bidyapiths represented by the Secretary filed this writ application against the State Government in the Education and Youth Services Department; Director of Secondary Education, Orissa and Inspector of Schools, Balasore Circle, seeking direction to the opposite parties to declare the petitioner's school to be eligible to receive grant-in-aid with effect from the year 1987-88 and to further direct the opposite parties to pay the salary component of the employees of the school with effect from that year.

(3.) The undisputed factual backdrop of the case is that the petitioner's school was established in the year 1979; it was accorded recognition from the academic session 1980; the first batch of students appeared in the High Court Certificate Examination in the year 1983 and the school has been admitted to the grant-in-aid scheme with effect from 1-4-91. The contention of the petitioner is that in terms of Cl. 10(1) of the Government Resolution No. 9760/EYS dated 4-3-1979 (for short the 1979 Resolution) it is entitled to receive aid with effect from 1987-88 and a declaration be made to that effect.