Committee Of Management, National Kanya Inter College, Khanpur, Haridwar vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J.

This writ petition has been filed by the Committee of Management of a school, namely, National Kanya Inter College, Khanpur, Haridwar. The school is being run by a Society through its elected committee of management. Admittedly, the school is an intermediate girls school. Meaning thereby that all the students are girl students in a rural area in District Haridwar.

In the year 2005, the school was brought under the grant-in-aid vide order dated 15.12.2005 and the following posts of the school were put under the grant-in-aid:

Name of the post                     No.

Principal                                  01

Lecturer                                   12

Assistant Teacher, L.T.            07

Senior Clerk                            01

Assistant Clerk                        02

Daftari                                     01

Attendant                                 03

Total                                        27

All these teachers and staff of the school were receiving their salary under grant-in-aid. Thereafter in the year 2015, two posts of Assistant Teacher, L.T. Grade in Sanskrit and Physical Education, respectively and one post of Lecturer (Civics) were sanctioned for the school by the orders of the Secretary, Government of Uttarakhand. Since the school was already under grant-in-aid, the salaries of these teachers were also to be paid under grant-in-aid scheme. However, since this was not done, the committee of management of the school has filed the present writ petition.

The only ground taken by the respondents in the counter affidavit is that due to financial condition of the State, the salary could not be released and in any case the school is now under the "token grant" from

31.12.2016. This stand of the State Government cannot be accepted in view of the decision of this Court dated 6.08.2018 in the case of Manavta Higher Primary School v. State of Uttarakhand & others reported in 1018 (2) U.D., 349, wherein the similar stand of the State for not releasing the salary of the teacher and staff of the school as the school was under "token grant" was rejected by this Court and it was held that there is nothing like "token grant".

Once the school was put under grant-in-aid, it would mean that the entire salary of the teachers and staff has to be borne by the State exchequer. In fact there is no concept like "token grant", which has been explained in any Statute, Rules or Regulations.

In view thereof, writ petition succeeds and is hereby allowed.

At this stage, certain doubts have been raised at the Bar by the learned State Counsel as to the qualification of the Assistant Teachers and the Lecturer, who have been selected. It is made clear that the salary shall only be released provided the Secretary, School Education, Government of Uttarakhand reaches a satisfaction that due process of selection and appointment was adopted by the management. Meaning thereby, the posts were duly advertised by the District Education Authorities, thereafter applications were invited and only top 7 candidates were allowed to appear in Vivo voce, as is done in normal course. Only if this procedure has been followed and appointment has been sanctioned by the District Education Officer, the salary under grant-in-aid shall be given to the petitioner.