Committee of Management Yogya Junior High School Muhi-Uddinpur Etah Through Its Manager vs State of U.P.and others

Rakesh Tiwari, J.—Heard Counsel for the parties and perused the record.

Petitioner''s institution, Yogya Junior High School Muhiuddinpur, Etah is a recognized institution which was likely to be taken for grandinaid by the State Government along with 800 institutions.

It is stated that the 800 institutions were taken for grantinaid on 2.12.2006 but the petitioner''s institution was not taken for grantinaid on the basis of wrong report dated 21.11.2006 submitted by the District Inspector of Schools. The petitioner has made a representation dated 10.11.2006 before respondent No. 3 in this regard but no avail, hence this writ petition.

The contention of the Counsel for the petitioner is that the petitioner''s institution is a recognized Junior High School which was likely to be taken for grantinaid by the State Government along with 800 institutions and that the 800 institutions were taken for grantinaid list but the petitioner''s institution was not taken for grantinaid list.

He further submits that the said act of the respondents for not taking the petitioner''s institution in grantinaid list is arbitrary and illegal.

If an institution is established by a person and is being run by the Committee of Management, it is the management which has to arrange and make the provision for payment of the salary of its employees. The State Government has framed policy and has given grantinaid to the institutions who in its discretion fulfills the criteria laid down in various Government orders. It may be observed here that in the State of U.P. an institution is normally established for taking grantinaid for their own benefits. It may also be stated that the State Government has limited resources and has duties in other sectors also and hence all revenue cannot be poured by it in the education sector alone and a balance has to be struck. Merely because the petitioner''s institution was not taken in grantinaid list the petitioner is not entitled to grantinaid. Such matter is not hit by Article 14 of the Constitution.

The petitioner has no legal right to demand grantinaid merely because it has established an institution at his own. Neither there is any privity of contract that the State Government will provide grantinaid to all the institutions nor the State Government is obliged to give grantinaid to all institutions which are so established. Since it is the discretion of the State Government and the petitioner has no legal right to claim grantinaid, this Court is not inclined to interfere in such matters.

The writ petition is accordingly, dismissed.