- (1.) Petitioner-school is privately managed recognized school run by a society registered under the Societies Act. It was given grant-in-aid on Delhi pattern under grant-in-aid Rules of the privately managed schools in Punjab, (hereinafter referred to as Grant-in-Aid Rules). Under the Rules, all recognized schools, pennanent or provisional as on 30.11.1967, the petitioner-school had strength of 8 sentation which was made to the Director, Public Instructions (Schools) Punjab, Chandigarh.
(2.) Learned counsel for the petitioner contended that respondents are confusing the word "frozen post" with "fixation of post". He on the strength of the Rules, contended that number of staff working as on 30.11.1967 were eight and the posts frozen for the purpose of Rules were taken as eight. Since Kanta Gautam resigned and the vacancy was not filled till appointment of Kiran Bala, grant-in-aid was claimed only for seven posts, and it was on the appointment of Kiran Bala that the Department gave approval qua that post after due verification. Thereafter, grant-in-aid was given for 4-1/2 years, and action of the respondents in rejecting the claim of the petitioner-school with regard to that post is wholly illegal.
(3.) In reply, Mr. S.K. Bhanot, DAG Punjab, contended that the petitioner has failed to show that number of posts frozen were eight. He further contended that it was only after due verification that the claim of the petitioner was rejected.;