Committee of Management vs State of U.P. and Another

Rakesh Tiwari, J.—Heard counsel for the parties and perused the record.

The Petitioner is a technical institution known as Silai Karhai Tatha Bunai Prashikshan Evam Utpadan Kendra. The aforesaid institution is recognized by the Social Welfare Directorate of U.P. ,Lucknow, for imparting training in Tailoring and Allied Crafts Courses and is run by a registered society namely, Nehru Bal Mandal, registered under the Societies Registration Act, 1860.

It is alleged that the Petitioner''s institution continued to receive recurring grant from 1976 to 1985 but the same was discontinued following black-listing to Nehru Bal Mandal by the Director Social Welfare vide order dated 17.1.1992.

Aggrieved the Petitioner filed Civil Misc. Writ Petition No. 30744 of 2000, Silai Karhai Bunai Prashikshan Evam Utpadan Kendra v. State of U.P. and Ors. The aforesaid writ petition was decided vide judgment dated 28.2.2005 directing the Respondents to take the Petitioner institution in the grant-in-aid list forthwith within a month from the date of the submission of a certified copy of the order or pass, a reasoned order why the Petitioner cannot be extended the aforesaid benefits within the aforesaid period.

The contention of the counsel for the Petitioner is that the Petitioner''s institution continued to receive recurring grant from 1976 to 1985 but it has been discontinued following black listing to Nehru Bal Mandal by the Director Social Welfare in the year 1985-86. It is stated that 51 institutions were taken in grant-in-aid list by the State Government by Government order dated 29.12.1988, taking the liability of the payment of salary to the employees w.e.f. 1.4.1988, as such in pursuance of the judgment dated 28.2.2005, passed by this Court the Petitioner''s institution was liable to be taken in grant-in-aid list forthwith within a month from the date of submission of a certified copy of the order. He has also relied upon paragraph 23 of the writ petition in which it has been mentioned that out of 51 institutions shown in the grant-in-aid list serial Nos. 3, 12, 29, 32, 33, 34, 43 and 48 are the institutions which have received recurring grant after the Petitioner''s institution and no reason was assigned as to why the Petitioner''s institution was not taken in grant-in-aid list in pursuance of the judgment of this Court dated 28.2.2006.

The Director by the impugned order dated 15.4.2005, held that the examination of the recognized institution is held by the Social Welfare Department and successful candidates are issued certificate of training by it. He has further held that Petitioner had been granted recognition for two years training and allied courses vide letter dated 14.3.1974, with the condition that all the expenses for conducting the examination as well as other expenses for running the Institution shall be borne by it and as such the State Government is not liable to bear any expenses of teachers and staffs by recurring grant. The relevant extract of the order in this regard is as under:

The Director in the impugned order dated 15.4.2005, has dealt the question of recurring grant to 51 institutions and the reason for not granting the same to the Petitioner in pursuance of order and judgment dated 28.2.2005 in Writ Petition No. 30744 of 2004 is thus:

From the impugned order it appears that the Petitioner institution is an independent society, which imparts training in Tailoring and Allied Crafts course and that the expenses incurred in running the institution were to be borne by the institution itself. It also appears from the order that there is acute shortage of finance faced by the State Government, hence after 1995-96 no institutions such as that of the Petitioner have been given recurring grant and that a sum of Rs. 2.23 crores are already due to be paid to the institutions which have already been provided the grant. Since the Petitioner institution is an independent society and have its own financial resources to bear the expenses in regard to payment of teachers and employees of the institution, hence grant-in-aid is not required to be given to the Petitioner''s institution.

It is apparent from the order dated 28.2.2006, passed in Writ Petition No. 30744 of 2000 that the State Government was directed to take Petitioner''s institution in the grant-in-aid list forthwith within one month from the date of submission of a certified copy of the order or pass a reasoned order why the Petitioner cannot be extended the aforesaid benefits within the aforesaid period.

It is not denied that the Petitioner institution was in the grant-in-aid list. The Court directed the State Government to take the Petitioner institution in grant-in-aid list or pass a reasoned order within the time allowed. In my opinion, the Petitioner institution is not entitled for grant-in-aid from the State Government. The Petitioner institution is a private institution and has its own employees, hence is liable to pay salary of teachers and staffs including the expenses incurred in conducting the examination. The Petitioner is liable to take fee from the students for running the institution. The State Government cannot be compelled to pay any grant to any private institution.

I do not find any illegality or infirmity in the impugned order.

For the reasons stated above, the writ petition is dismissed.