RAJASTHAN WELFARE SOCIETY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner seeks to quash paras 4&5 of the order dated April 28, 1998 and to direct the respondents to give grant @ 100% for the classes at least upto 9th standard and reimburse full expenditure.

(2.) CONTEXTUAL facts depict that the petitioner Society constituted Managing Committee for the purpose of smooth running its educational institutions. The institutions are recognised by the State Government and are affiliated to Board of Secondary Education, Rajasthan, Ajmer. The State Government is giving only 60% aid to the upper primary section (Std. 1 to 5) and 70% aid to the upper primary section (Std. 6 to 12 ). The population of the town is near about 50,000 mostly consisting of lower middle class, economically poor and socially backward sections of the society. The petitioner society has been charging very nominal fees from the students and the annual deficit left after the grant and fees is made up by donations. The petitioner society was given aid to the extent of 50% even before formation of State of Rajasthan, the same was raised only to 60% for primary section and 70% for upper primary section in the year 1976, although the petitioner society has been representing again and again for increasing the grant. Vide paras 4 and 5 of the order dated April 28, 1998 the State Government decided to curtail/ reduce the aid upto 50%. Paras 4 and 5 reads as under:-

(3.) RESULTANTLY, I allow the writ petition and quash paras 4 and 5 of the order dated April 28, 1998. The State Government is also directed to follow the mandate of Article 45 of the Constitution. There shall be no order as to costs. .