XAVIER HIGH SCHOOL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties. In all these writ petitions, petitioners are high schools, who have been granted minority status by the State of Jharkhand in the year 2007. The petitioners have come before this court for directing the respondents to provide grant-in-aid to them in the same manner as other Government aided minority schools with effect from the date the petitioners-schools have been recognized as minority schools.

(2.) It is the contention of the petitioners that under the provision of Section 18(3) of the Bihar Non-Government School (Taking over of Control & Management) Act, 1981 respondents are bound to release grant-in-aid in respect of schools which have been granted minority status.

(3.) Earlier affidavits were filed by the respondent-Department of Human Resources Development, Government of Jharkhand, however by the order passed earlier in this case the Secretary, Department of H.R.D., Govt. of Jharkhand was directed to file specific affidavit. Thereafter, the said affidavit was filed by the Secretary, Dept. of H.R.D. taking common stand in all these writ petitions. It has been stated therein that the petitioners-schools have been given minority status and on principle a provision was made to provide grant-in-aid. The department has to sanction the post of teaching and non-teaching staffs of the school as per the standard of the high school. Besides this the department has to make a budgetary provision for giving grant-in-aid which requires time. The respondent-Secretary, Dept. of H.R.D. also stated that every school who is declared minority institution will receive grant-in-aid without any discrimination. The procedure of giving grant-in-aid is codified and every school has to follow the norms of the Jharkhand State Unaided Educational Institution Aid Act, 2004. In the said affidavit it has also been clarified that the procedure has been laid down for the aforesaid purpose fixing responsibility upon the District Education Officer to verify as to how many post are sanctioned by the department in respect of the high schools in question. He also has to verify the certificates of teaching and non-teaching staffs to see as to whether they are properly qualified as per the norms of the department and whether the certificates are genuine. Such verification are require to be made in respect of teachers in different streams of Science, Humanities and Language. It is the contention of the respondent through its affidavit that the petitioners-schools have to avail the procedure as prescribed under the Act and on such application the schools will be considered for grant-in-aid as per the law and policies of the State Government.