DISTRICT PRIMARY EDUCATION OFFICER, MAHSANA ETC. ETC. versus VIDOTEJAK MANDAL AND ORS. ETC.

Citation: [1995] SUPP. 2 S.C.R. 556 · Decided: 04-08-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
DISTRICT PRIMARY EDUCATION OFFICER, 
MAHSANA ETC. ETC. 
V. 
VIDOTEJAK MANDAL AND ORS. ETC. 
AUGUST 4, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
Bombay Primmy Education Act, 1949 : 
C 
Rule 115(3)-lnstitutions mnning Single School-Wliether entitled to 
grant-in-aid for non-teaching staff-Held No. 
Respondent No. 1 is a Trust which is a recognised institution run-
ning primary education schools. It claimed grant- in-aid for one clerk and 
one peon, i.e., non-teaching staff. The appellants rejected the claim. When 
D 
the Trust approached under Art. 226, the High Court interpreted sub-rule 
(3) of Rule 115 of the Bombay Primary Education Act, 1949 holding that 
while institution running more than one school is given grant-in-aid to 
non-teaching staff, the refusal thereof to a single school is violative of Art. 
14, Hence this appeal. 
E 
F 
Allowing the appeal, this Court 
HELD: Not only as a matter of rule and also practice, no money is 
being paid by way of grant-in-aid or otherwise to any school either main-
tained by the municipality or any statutory body. The administrative work 
is being got done by the appropriate persons including teachers even in 
Government primary schools. The High Court was, therefore, not right in · 
holding that there is a discrimination in denying the payment of grant-in-
aid to the respondents for the non-teaching staff. [559-A-B] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No.7091 of 
G 
1995 Etc. 
From the Judgment and Order dated 3.3.94 of the Gujarat High 
Court in L.P.A. No. 129/93 in Sp. C.A.No. 4255 of 1992. 
Narayan Shetty and S.C. Patel for the Appellants in C.A. No. 
H 7091/95. 
556 
DIST. PRIMARY EDN. OFFICER v. V. MANDAL 
557 
S.K. Dholakia and Mrs. H. Wahi for the State of Gujarat. 
A 
R.P. Bhatt and M.N. Shroff for the Respondents. 
The following Order of the Court was delivered : 
Delay condoned, Leave granted. 
B 
These appeals by special leave arise from the Judgment of the 
Division Bench of the Gujarat High Court dated March 3, 1994 made in 
L.P.A. No. 129/93 and batch. Respondent No. 1 is a Trust which is a 
recognised Institution running primary education schools. It claimed for C 
grant-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 a institution running more than one 
school is given grant-in-aid to non-teaching staff the refusal thereof to a 
single school is violative of Art. 14. Direction, therefore, was given to D 
accord grant-in-aid to the non-teaching staff of the respondent's school. 
The question, therefore, is whether the institutions running single 
school are entitled to grant-in-aid for the non-teaching staff like clerk & 
peon. Rule 115 (1) and (3) reads thus : 
E 
Sub-Rule (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:-
F 
(1) 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. G 
Such grant shall not, however, exceed three fourths of the es-
timated 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. H 
A 
B 
c 
558 
SUPREME COURT REPORTS (1995] SUPP. 2 S.C.R. 
Explanation - In the case of two or more approved schools con-
ducted 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 Associa-
tion or Society and dividing the total by the number of schools so 
conducted." 
Sub-rule (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 expen-
diture 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 fil
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