- (1.) Delay condoned. Leave granted.
(2.) These appeals by special leave arise from the judgment of the Division Bench of the Gujarat High Court dated 3-3-1994 made in L.P.A. No. 129 of 1993 and batch. Respondent 1 is a Trust which is a recognised institution running primary education schools. It claimed for grants-in-aid for one clerk and one peon, i.e., non-teaching staff. The appellants rejected the claim. When they approached under Art. 226, the High Court interpreted sub-rule (3) of Rule 115 of the Bombay Primary Education Act, 1949 holding that while an institution running more than one school is given grants-in-aid to non-teaching staff the refusal thereof to a single school is violative of Art. 14. Direction, therefore, was given to accord grants-in-aid to the non-teaching staff of the respondent's school.
(3.) The question, therefore, is whether the institutions running single schools are entitled to grants-in-aid for the non-teaching staff like clerk and peon. Rule 115(1) and (3) reads thus : "115. (1) Normally the grant paid to an approved private school in any year is the grant paid for that year and shall be calculated on the number of pupils in average attendance in the school during the preceding year : Provided that - (i) grant to an approved private school during the first year of its existence shall be based on the number of pupils in average attendance in the school during the first half of the school year. Such grant shall not, however, exceed three-fourths of the estimated expenditure of the school of the pay of its teacher, during the year; and (ii) no grant to an approved school shall be paid in any year unless the average attendance of pupils is 25 and above during the year. Explanation. - In the case of two or more approved schools conducted by an Association or Society, the average daily attendance shall be calculated by adding together the actual number of daily attendance of pupils of all the schools conducted by the Association or Society and dividing the total by the number of schools so conducted. (3) Subject to the instructions that may be issued by the Director from time to time educational bodies or Associations conducting a number of approved schools shall be entitled to grant on overhead expenditure at three-fourths of their approved expenditure under that head." When a doubt has arisen whether the rule will be applied to the teaching staff as well, we directed the Government to clarify its stand. An additional affidavit has been filed on 11-7-1995 in which Dr. I. M. Patel, the Director of Primary Education stated in para 2 thus : "That the controversy involved in this case is limited to the payment of grant payable to non-teaching staff only. As far as grant towards salary expenses of teaching staff is concerned, it is being paid to all the teachers of private schools irrespective of the fact whether an institution or trust runs one school or more than one school. The percentage of grant payable towards salary expenses to teaching staff varies from 85% to 95%. The copy of the resolution of Education Department of Government of Gujarat dated 11-10-1977 is annexed herewith and marked as Annexure 'B'. It is further submitted that even in Government Primary Schools there is no such practice of appointing non-teaching staff like a clerk or a peon. On the other hand if there are more than 200 students then one extra teacher is permitted to be appointed. Moreover, in such schools clerical work is very less. The salaries of teachers are directly paid by Government through cheque. Moreover, additional teachers as aforesaid over the stregth of 200 students undertake the responsibility of administrative, clerical and other miscellaneous kind of work if necessary. Even where the institution runs more than one school, the grant towards the salary expenses of non-teaching staff is not being paid. There is not a single primary school in the State of Gujarat where grant for such expenses incurred under the overhead of non-teaching staff is paid.";