STATE OF HIMACHAL PRADESH versus H.P. STATE RECOGNISED AND AIDED SCHOOLS MANAGING COMMITTEES AND ORS.

Citation: [1995] SUPP. 1 S.C.R. 297 · Decided: 10-05-1995 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Dismissed

Judgment (excerpt)

• 
STATE OF HIMACHAL PRADESH 
v. 
H.P. STATE RECOGNISED AND AIDED SCHOOLS MANAGING 
COMMITTEES AND ORS. 
MAY 10, 1995 
[KULDIP SINGH, R.M. SAHA! AND B.L. HANSARIA, JJ.] 
Himachal Pradesh Education Code-Grant-in-aid Rules: Rules 45(Q), 
45(1) and 47(2). 
State of Himachal Pradesh-Recognised private aided schools-Grant-
in-aid-Prescription of maximum limit-Held contrary to rules-Schools held 
entitled to full grant-in-aid i.e. 95% of the net approved expenditure . 
Recognised and private aided schools-Teachers of-Held entitled to 
A 
B 
c 
parity in pay scales with their counterpaTts in Government schools. 
D 
Constitution of India, 1950: Altic/es 21, 41, 45 and 46. 
Free and compulsory education to children upto the age of 14 
years-State's obligation-Held cannot be circumvented on the ground of 
economic incapacity-State must endeavour to review and increase the budget E 
allocation under the Head 'Education'. 
The respondents-teachers, employed in various recognised aide 
schools maintained by private managements, filed a writ petition in the 
High Court seeking directions that (i) they are entitled to parity in the 
matter of salary, allowances etc. with the teachers employed in the Govern-
ment schools and (ii) the State Government shall pay grant-in-aid to meet 
95% of the expenditure incurred by the aided schools. The State contested 
F 
the petition on the ground that its economic capacity does not permit the 
disbursement of full grant as envisaged under the scheme of the Rules. 
The High Court allowed the petition and directed the appellant-State to G 
pay 95% grant-in-aid with effect from February, 1988. 
In appeal to this Court on the questions : 
(i) 
Whether· the teachers employed in various recognised aided 
private schools in the State of Himachal Pradesh are entitled H 
297 
A 
B 
298 
SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R. 
to the pay scales which are paid to their counter-parts in the 
Government Schools? 
(ii) 
Whether such schools are entitled to receive grant-in-aid to 
meet 95% of the net approved expenditure? 
Dismissing the State's appeal and modifying the High Court's judg-
ment, this Court 
HELD : l. The aided schools teach the same syllabus and cur-
riculum, prescribe the books and courses as per Government directions 
C and prepare the students for same examinations for which the students 
studying in government schools are prepared. The qualifications of the 
teachers are prescribed by the State Government and the appointments 
are made with the approval of the State Government. The fees levied and 
concessions allowed are strictly in accordance with the instructions issued 
by the Education Department of the State Government from time to time. 
D The Managing Committees of aided schools are approved by the State 
Government and two members of the Committee are appointed by the 
Education Department. The service conditions of the teachers including 
disciplinary proceedings and award of punishment etc. are governed by the 
Rules framed by the State Government. Thus, the State Government has 
E a deep and pervasive control on the aided schools. It is, therefore, late in 
the day to say that the teachers in the aided schools are not entitled to 
parity in the matter of salary, allowances etc. with their counter-parts in 
the Government schools. [302-H, 303-A·C, 304-B] 
Haryana State Adhyapak Sangh and Ors. Etc. v. State of Haryana and 
F Ors., [1988] Suppl. 1 SCR 682 and Haryana State Adhyapak Sangh and Ors. 
v. State of Haryana and Ors., AIR (1990) SC 968, relied on. 
G 
2. Rule 4S(J) and 4S(Q) of the Grants-in-Aid Rules are the two 
conditions on the basis of which grant-in-aid is given to the aided schools. 
With an income of their own to contribute towards 5 per cent of the net 
expenditure, the managements of the aided schools cannot, ordinarily, 
bear the burden of the salary, allowances etc. to be paid to the teachers 
and other staff. The grant-in-aid must be sufficient to meet the net ap-
proved expenditure incurred by the management of the aided schools. Rule 
47(2) of the Rules specifically provides that the management of the aided 
H schools shall be required to meet 5 per cent of the net approved expendi-
STATE OF H.P. v. H.P. STATE RECOGNISED AND AIDED SCHOOLS 299 
ture and the balance shall be met from the Government grant, but at the A 
same time it further provides that the grant as assessed shall be admis-
sible subject to the maximum amount sho"Ml in the said rule. Th

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