MUSABANI MINES INTER COLLEGE THROUGH ITS SECRETARY, JHARKHAND INTER COLLEGE TEACHER ASSOCIATION THROUGH ITS PRINCIPAL SECRETARY Vs. THE STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners are the Secretary and the Principal Secretary of the two colleges named there in who have sought to enforce the provisions of Jharkhand State Unaided Educational Institution(Grant) Act, 2004 in its true perspective, more specifically in relation to the provision contained in Sec. 9 and 10. Learned counsel for the petitioners submits that he is pressing the writ petition only in respect of petitioner no. 1. Out of several prayers made totalling 6 in the writ petitioner, in effect petitioner contend that release of aid has not been made strictly in terms of Sec. 9 and 10 of the Act of 2004. These two provisions related to recurring and non-recurring grants. Petitioner also contend that appropriate guidelines or policy are not framed for such allocation. The Act of 2004 is enclosed as Annexure-1 and the Rules have been enclosed as Annexure-2. The supplementary affidavit of the petitioners filed thereafter encloses the advertisement issued by the Directorate of Secondary Education calling for applications from eligible Institutions fulfilling the criteria under the Act of 2004 for release of grant in a prescribed format satisfying all laid down conditions of the Act, Rules and the advertisement in question. The advertisement appear to be in relation to Financial year 2013-14 and 2014-15. Documents enclosed to Annexure-7 series are in a form of chart of release of grant for the year 2011-2012 to several such Intermediate Colleges including both the petitioners college. Petitioner No. 1 name appears at Serial No. 38.

(3.) Based upon the documents enclosed, learned counsel for the petitioner reiterates his submission that so far the non-recurring grant have not been released which relates to creation of infrastructure etc. it is submitted that petitioner is also aggrieved as apparently some recurring grants have also been reduced. Learned counsel for the petitioner contends that the institution has been asked to spend the grant received for recurring purposes towards non-recurring purposes as per Annexure-6 bearing memo no. 788 dated 5.5.2015. Petitioner is suffering due to non release of regular grant to the College. The Jharkhand Inter College Teachers Association (J.I.C.T.A.) has also raised this issue before the Director, Secondary Education through representation such as at Annexure-7 dated 29.5.2015. Petitioner has therefore been compelled to approach this Court for release of regular grants as per the scheme of the Act of 2004.