SURJEET KAUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Perusal of the impugned order reveals that claim of the petitioner was rejected on the ground that school has never applied under The Jharkhand State Unaided Educational Institution (grant in aid) Act, 2004 [Jharkhand State Vitta Rahit Shikshan Sansthan (grant in aid) Act 2004] and it was not recognised as grantinaid school, therefore, payment cannot be made by the Government.

(2.) On being asked repeatedly, learned counsel for the petitioner is not able to cite Jharkhand State Unaided Educational Institution (grant in aid) Act, 2004 [Jharkhand State Vitta Rahit Shikshan Sansthan (grant in aid) Act 2004] to argue that no recognition is required, as mentioned in the impugned order and grant is automatic. He contends that he has not seen the Act of 2004. He, while remaining adamant, contends that 2004 Act should be shown/cited by the Government Advocate to justify the rejection of the petitioner's claim.

(3.) Hon'ble Apex Court, in the case of Poonam Vs. Sumit Tanwar, 2010 4 SCC 460, in paragraph Nos. 16 and 22, has observed as under: