Decided on December 29,1993

Shanta Higher Secondary School Appellant
Secretary Education Commissioner/Competent Authority Respondents


- (1.)THIS petition by 5 Schools in Jammu town and in Ranbir Singh Pura deals with and pertains to the claims of the petitioners for receiving grant -in -aid for running their schools from the respondents. Prior to the filing of this petition, the five petitioners had filed separate petitions for similar relief in this court. While disposing of these earlier petitions, the court on 26th Feb. 1991, passed the following operative order: -
"4. The main grievance of the petitioner is that his case for grant -in -aid has not been finalised and is hanging fire with respondent No.2. He also asserted that persons similarly situated have been granted the said aid and as such the petitioner has been put to discrimination, while arguing the case, the learned counsel for the petitioner has referred to Rules 9 and 13 of the Jammu and Kashmir Private Educational Institutions Grant -in -aid Rules, 1975. This petition is disposed of at this stage with a direction that respondents 2 and 3 will consider the case of the petitioner for sanction of Grant -in -aid in accordance with the provisions of the rules on the subject, in case the petitioner is eligible. The said respondents will finalise the petitionerâ„¢s case within this financial year positively. It also disposes of C.M.P. No. 258 and 259 of 1991."

(2.)IN consequence of the aforesaid directions issued by the court on 26th -Feb. 1991, the impugned order No. Edn -W/P -466 -172 dated 29 March 1991 was passed by the respondents, whereby the grant -in -aid to the petitioners was not released. The operative part of the order dated 29 March 1991 runs as under: -
"In compliance with the directions given by Honâ„¢ble High Court in the above mentioned writ petitions on Feb., 26th, 1991 which reads as under, The said respondents will finalise the petitioners case within this financial year positively".

"In case of all the petitioners mentioned above were thoroughly considered and examined by the Department and it has transpired from the records that all the seven institutions have been recorded recognition from time to time for academic purposes only. At no stage any of these institutions have been granted permission or recognition for grant -in -aid purposes. There are separate rules governing the grant of recognition for academic purposes which are provided for in the Private Educational Institutions Act, 1967 and the grant is governed under Grant -in -aid Rules 1975. The permission for academic purposes does not automatically render the institution eligible for securing the grant -in -aid. There are specified rules regulating the sanction of the grant -in -aid for which an application has to be made by the institution. Besides, it has to furnish the audited statements of income and expenditure to justify their claim for grant -in -aid. None of you having fulfilled the above required conditions and are therefore, not eligible for grant in aid at this stage. You are, therefore, informed that your institution having not been recognised for grant -in -aid purposes as such the question of releasing grant during the current financial year does not arise."

(3.)THE petitioners are aggrieved of the aforesaid impugned order and inter -alia seek the quashing of the same as also a mandamus directing the respondents to release the grant -in -aid in favour of the petitioners.
The Jammu and Kashmir Private Educational Institutions Grant -in -aid Rules (1975 Rules for short) prescribe and provide for the machinery and mechanics and related procedures for according grant -in -aid to Private Educational Institutions. "Institution" has been defined to mean a private educational institution which has been permitted to function under the Private Educational Institutions (Regulation and Control) Act 1967. As per Rule -5 of the 1975 Rules, no private educational institution shall be permitted to function so long as it is not recognised by the competent authority. Rule 9 is most relevant for the purposes of present petition. Clause (A) of Rule 9 which pertains to the subject matter of this petition, as amended by Govt. order No. 121/78 dated 16 Jan. 1978 reads thus: -

"An institution may apply to the competent authority for payment of grant -in -aid under there rules on the prescribed proforma, after the close of the financial year to which the grant relates. Applications for adhoc grant -in -aid may also be made during the year in accordance with the provisions contained in rule 13."

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