STATE OF GUJARAT Vs. VIDYOTEJAK MANDAL BECHRAJI

JUDGEMENT

(1.) The challenge in this Appeal is to the directions issued by the learned single Judge, who had allowed respondent No. 1's writ petition seeking grant in respect of salary of the nonteaching staff.

(2.) The respondent No. 1, "a Trust" which runs a recognised school at Becharaji, had applied for grant in respect of non-teaching staff which consist of one clerk and one peon. Vide letter dated 4/06/1992, the District Primary Education Officer, Mehsana, informed the respondent that, there was no provision for appointment of cleric and peon in recognised private primary school, and therefore, the grant for that count is not admissible. This decision was challenged in the petition filed under Art. 226 of the Constitution.

(3.) The learned single Judge had followed two decisions of this Court in Special Civil Application No. 2269 of 1983 dated 4/12/1984 (Coram : S. B. Majmudar, J.) (as he then was) and Special Civil Application No. 1363 of 1987 dated 2/03/1990 (Coram : A. P. Ravani, J.) and he directed the appellant to sanction and approve the salary of grant of non-teaching staff during the period 1/04/1990 onwards.