Baburam Ravi vs State of Uttarakhand & others

Manoj K. Tiwari, J.

The reliefs, sought in this writ petition, are as follows:-

(i) To issue a writ or order in the nature of certiorari calling for the records of Private Schools (numbering 168) granted Aid by the respondent no. 1

and thus after calling the records the orders passed for Granting Aid to the Private Schools (numbering 168) shall be quashed.

(ii) To issue writ or order in the nature of mandamus directing the State Government to hold a high level inquiry in granting aid to the Private Schools

(numbering 168) which are ineligible and are not in accordance with the Govt order dated 11.02.1998 and submit the report of the same before the

Hon’ble Court to demonstrate as for what reason the said schools although ineligible are granted aid.

It is contended on behalf of the petitioner that State largesse is being distributed for extraneous considerations by including Private Educational

Institutions in the grant-in-aid list of the State Government. Petitioner has relied upon a Government Order dated 11.02.1998, issued by erstwhile State

of Uttar Pradesh, whereby certain conditions were laid down for taking Private Institutions in the grant-in-aid list of the State Government.

Learned counsel for the petitioner submits that the conditions contained in the Government Order dated 11. 02.1998 have been violated, while

including Private Institutions in grant-in-aid list in Uttarakhand. According to the petitioner, State Government has given maintenance grant to as many

as 168 Private Schools in disregard of the provisions contained in Government Order dated 11.02.1998.

A counter affidavit has been filed on behalf of the State Government. Para 4 of the said counter affidavit is extracted below:-

That the instant writ petition has been filed by the petitioner against the granting of aid to private schools (numbering 168) by the office of the

answering respondent. It is submitted that in the years 2014 & 2015, by various Government Orders, about 175 Private Schools had been included in

the list of the schools where aid was to be granted. It is pertinent to state here that, though at present the provisions of the relevant scheme prevalent

at the time of the erstwhile State of Uttar Pradesh can be technically said to be in vogue, and no separate policy/standards have been made for the

inclusion of private schools in the list of grant in aid, yet the circumstances and needs of the State of Uttarakhand are special and therefore different.

It is, however, clarified that specific provisions as regards granting of aid to private schools have been given under sections 42 & 43 of the

Uttarakhand School Education Act, 2006. It is also submitted that vide letter dated 28.02.2014 the Director, Secondary Education, has asked for

information from the Chief Education Officers regarding the aforesaid issue after due examination. It is also submitted that, on the basis of reports

furnished by Chief Education Officers, Director Secondary Education has submitted the report to government. It is also submitted that the proposals

for inclusion of the aforesaid schools in the list of grant in aid were reconsidered at government level and government order dated 01.02.2016 has been

issued.

Heard learned counsel for the parties and perused the record.

Upon perusal of para 4 of the counter affidavit, filed on behalf of the State Government, it can be noticed that need is being felt by the State

Government to formulate a new policy as per the local needs of Uttarakhand. It is common knowledge that once an education institution is included in

the grant-in-aid list, then the liability to pay salary and other monetary benefits to teachers and other employees of such institutions, including retiral

dues, is saddled upon the State Government. Thus a permanent financial liability is fastened upon the State Government by including an educational

institution in the grant-in-aid list. Therefore, public interest demands that the decision to include an institution in the grant-in-aid list is taken in an

objective and transparent manner, by applying the parameters laid down in the policy, to check arbitrary exercise of power and to ensure that only

deserving educational institutions are given financial aid from public exchequer.

Right to education is a fundamental right, therefore, State is under an obligation to provide free education to all, upto age of fourteen years.

However, it is equally important that hard earned money of the tax payers is not spent in giving out doles to such institutions which do not fulfill the

eligibility criteria for maintenance grant.

Having regard to the public interest involved in the matter, we dispose of this writ petition with a direction to the State Government to lay down

norms for inclusion of Private Educational Institutions in the grant-in-aid list of the State Government and issue necessary Government Order, within

eight weeks from the date of certified copy of this order.