THE STATE OF GUJARAT & ORS. versus H. B. KAPADIA EDUCATION TRUST & ANR.

Citation: [2023] 2 S.C.R. 487 · Decided: 21-02-2023 · Supreme Court of India · Bench: DINESH MAHESHWARI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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   [2023] 2 S.C.R. 487
487
THE STATE OF GUJARAT & ORS.
v.
H. B. KAPADIA EDUCATION TRUST & ANR.
(Civil Appeal No. 2837 of 2022)
FEBRUARY 21, 2023
[DINESH MAHESHWARI AND BELA M. TRIVEDI, JJ.]
Constitution of India – Art.30(1) – Right of minorities to
establish and administer educational institutions – Respondent no.1-
a minority institution was running a government aided school-
respondent no. 2  – Decision of the appellants refusing to provide
the aid to the respondents towards the salary of the principal of the
respondent no.2 on his attaining the age of superannuation as per
the Grant-in-aid Code, if arbitrary or violative of Art.30(1) – Held:
As per the Grant-in-Aid Code, the minority educational institutions
like the respondents could not continue the employees/teachers
beyond the age of 58 years or 60 years, as the case may be –
Respondent-institution was bound by the provisions contained in
the Grant-in-Aid Code –Thus, if the appellants refused to pay the
Grant-in-Aid to the respondents, on the Principal having reached
the age of superannuation, it cannot be said that they had interfered
with the affairs of the respondents or violated Art.30(1) – High
Court erred in holding that the respondent-institute had a right to
continue the Principal of its school beyond his age of 60 years –
Order of the High Court set aside–Gujarat Secondary Education
Act 1972 – Secondary Education Regulations 1974.
Allowing the appeal, the Court
HELD: 1.1 As per Regulation 42 of the Secondary
Education Regulations 1974, the provisions contained in the said
Regulations framed under the said Act prevail over those
provisions contained in the Grant-in-Aid Code published under
the government notification dated 22.04.1964, insofar as they
relate to any matter provided in the said Regulations. It further
emerges that as per Regulation 43 of the said Regulations,
Regulation 36 pertaining to the age of superannuation is not
applicable to the educational institution established and
administered by a minority, whether based on religion or
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SUPREME COURT REPORTS
[2023] 2 S.C.R.
language. Therefore, the age of superannuation of an employee
of a registered Secondary School as mentioned in Regulation 36
would not be applicable to the employee or teacher of an
educational institution established and administered by a minority.
The combined reading of Regulations 42 and 43 of the said
Regulations makes it clear that Regulation 36 would not apply to
any educational institutions established and administered by
minority, and therefore the matter pertaining to the age of
superannuation of the employees of registered Secondary School
established and administered by minority, availing the Grant-in-
Aid could not be said to have been provided under the said
Regulations. The necessary corollary would be that the said
Regulation 36 being not applicable to the minority educational
institution, the provisions contained in the Grant-in-Aid Code
pertaining to the age of superannuation would be applicable to
such minority institutions availing the grant from the State
Government. [Para 7][493-C-G]
1.2 Now, as per para 81.1 of the Grant-in-Aid Code, a
secondary school teacher receiving grant-in-aid would ordinarily
retire from service at the age of 58, and the management may
grant to the teachers extensions upto the age of 60, in view of
para 81.2 of the said Code. Therefore, the minority educational
institutions like the respondents could not continue the
employees/teachers beyond the age of 58 years or 60 years as
the case may be. If an employee or a teacher is continued in
service by the management of any registered minority Secondary
School receiving Grant-in-Aid from the State-Government, then
such school would not be entitled to receive any grant in respect
of the expenditure incurred for continuing such employee or
teacher beyond the age of 58 or 60 years, as the case may be.
The provisions of Grant-in-Aid Code are applicable to all the
registered secondary education institutions desirous of receiving
or which are receiving the grant from the Government, and such
institutions would be subject to the restrictions imposed under
the Code, except for the matters provided in the said Regulations.
[Para 8][493-G-H; 494-A-C]
1.3 The provisions contained in the said Grant-in-Aid Code
pertaining to the recognition, eligibility criteria, the procedure
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for making application to the government for receiving Grant

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