Hon. K.N. Pandey, J.
We have heard Sri S.K. Mishra, for the petitioner-appellant. Learned Standing Counsel appears for the respondents.
The Committee of Management, Kalyankari Junior High School, Baghra, Distt. Muzaffarnagar through its Manager Sri Ghanshyam Singh S/o Shri Indra Raj Singh has filed this Special Appeal under Chapter VIII Rule 5 of the Rules of the Court against the judgment of Single Judge dated 17.1.2008 in Writ Petition No.3183 of 2008 by which the writ petition to quash the order dated 7.12.2007 passed by the Secretary, Basic Education, Lucknow and to direct him to include Kalyankari Junior High School, Baghra, Distt. Muzaffarnagar in the grant-in-aid list of the State Government pursuant to notification dated 9.9.2006 was dismissed.
The petitioner had earlier filed a Writ Petition No.15467 of 2007, which was disposed of on 22.3.2007 with directions to decide the petitioner's representation for grant-in-aid to the Junior High School in pursuance to the Notification dated 9.9.2006 issued by the State Government.
Learned Single Judge found that if a institution is established, the management has to arrange and make provisions for payment of salary to its employees. The State Government has framed a policy and has given grant-in-aid to the institutions, who in its discretion fulfill the criteria laid down in various Government Orders. A large number of institutions may be eligible according to the norms laid down by the Government but in the welfare state the State Government has duty for other sectors also, hence the revenue cannot be spent in education sector alone. A balance has to be struck. Merely because the petitioner's institution was not taken in grant-in-aid list, the petitioner has no legal right to grant-in-aid. The matter of discretion is not hit by Art.14 of the Constitution of India.
Shri S.K. Mishra, learned counsel for the petitioner submits that the learned Single Judge has not considered the facts and grounds taken in the writ petition. The State Government decided to include 1000 unaided private Junior Schools of A-Category with permanent recognition for including them in grant-in-aid list and inviting applications from the eligible institutions. The condition of eligibility given in the Advertisement dated 11th September, 2006 included as follows:-
"1. The school has permanent recognition in A Category;
2. Society is registered and its registration has been renewed;
3. The results of Class 8 of the school in the last three years should not be less than 45%;
4. Number of students in the school in Classes 6, 7 and 8 for last three years on 30th September should not be less than 105;
5. Prior to 1st October, 2006, date for submitting the application for grant with a District Basic Education Officer, approved teachers and employees are working on the sanctioned post;
6. The management should provide the necessary agreement/ consent letter for filling up the reserved posts so that in future until reservation is complete 50% appointment should be made only from the reserved categories;
7. College has been financially managed in accordance with the Rules with no financial irregularities;
8. The college should have its own constructed building;
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11. There should be no dispute in the management
12. The Junior High Schools running Classes 6 to 8 only will be eligible for grant-in-aid under the U.P. Junior High Schools (Payment of Salary of Teachers and Other Employees) Act, 1978. The schools running the classes below and above Classes 6 to 8 will not be eligible. The schools, which are running classes without any recognition will also not be eligible;
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Learned counsel for the petitioner-appellant submits that the school fulfilled all the requisite conditions and was arbitrarily refused grant-in-aid. The Secretary, Basic Education in the order passed in pursuance to the directions of this Court misread the reports and documents in finding that the Junior High School is not running the Classes 6 to 8 independently in a separate building and that there is no arrangement for requisite number of teachers. He has relied upon the revenue record, reports submitted by the Tehsildar dated 12.12.2006 and District Inspector of Schools dated 9.11.2006 as well as the site plan to demonstrate that Kalyankari Junior High School, Baghra, Distt. Muzaffarnagar is not a part of Kalyankari Inter College, Baghra Muzaffarnagar and that both the schools are separate.
In order to verify the findings recorded by the Secretary, Basic Education, U.P. that Junior High School does not have separate land and building and that number of teachers are only 3 as against the prescribed 5 teachers, we have examined the revenue records and the report of the District Inspector of Schools dated 12.1.2007.
The report of the then District Inspector of Schools, Muzaffar Nagar dated 9.11.2006, verified that the Junior High School and Inter College are running in separate building. The Tehsildar also reported on the basis of the report of the Lekhpal that the Junior High School and Inter College are two different institutions running in separate buildings. The Inter College building is towards south of Shamli-Muzaffar Nagar Road, whereas the Junior High School is on the north of the Shamli-Muzaffar Nagar Road. The District Inspector of Schools in his subsequent report dated 12.1.2007 forwarded to the Regional Asstt. Director of Education Basic-1 Region Meerut submitted a report after making spot inspections. He reported that the school is on the Muzaffar Nagar-Shamli Road and is situate towards north of the road from Panipat to Khatima Road. The Kalyankari Inter College, Baghra, Muzaffarnagar is at distance of 500 mtrs. from the school. The school is running Classes 6 to 8 at Junior Level for which it has permanent recognition from the Asstt. Director, Basic Education, 1st Region, Meerut dated 9.1.1987 w.e.f. 1.1.1987. There is one Principal, two Asstt. Teachers, one clerk and one Class-IV employee in the Junior High School with 52 students in Class-6; 59 in Class-7; and 60 in Class-8. The school has 5 rooms measuring 20'x25', one room 30'x25', two rooms 20'x15' and one room measuring 10'x15'.
The khatauni (record of title) shows that in Fasli Year 1411-1416 Khata No.24 with 8 plots having total area 1.3120 hec. was recorded in the name of 'Kalyankari Junior High School Baghra', and 'Kalyankari Inter College, Baghra'. A certificate of partition of the khata dated 18.9.2006, verified by the Tehsildar Sadar, Muzaffar Nagar shows that the same plot was divided into two, and that half portion of the plot measuring 0.656 hec. was recorded in the name of 'Kalyankari Junior High School, Baghra'. The khasra (record of possession), however, still records the plot jointly in the name of Kalyankari Junior High School Baghra and Kalyankari Inter College, Baghra from Khasra No.935 to 940 as 'school'.
Learned counsel for the petitioner submits that the Secretary, Basic Education has not correctly read the documents in finding that the school and the college do not have independent existence, and that the land is still joint with only 3 teachers, whereas the school should have 5 teachers. He submits that after partition of the plots, and the existence of independent building, the school fulfilled the condition of having independent existence and that there are 3 teachers including the Principal, which fulfilled the standards for sanctioned for Junior High School. He would submit that the society running the school has been separately registered and that the Junior High School has independent existence for receiving grant-in-aid.
The report of the District Inspector of Schools dated 12.1.2007 submitted on the same day, when he made spot inspections shows that the school is situate at 500 mtrs. from the Inter College. The Secretary, Basic Education has rightly found that the report to be incorrect, in as much as there is no claim made by the institution for having separate land and that to at a distance of 500 meters. Both the Inter College and the school are situate in the same Khata No.24 area 1.3120 hec. A partition is shown to have taken place by which the land belonging to the school was separated from out of same plot by dividing it. The certificate of partition shows that the Junior High School after partition has been recorded as khatedar of one half of the khata measuring 0.656 hects. Shri S.K. Misra could not give any other plot number on which the building of the Junior School has been constructed. The khasra numbers of the building given in the application relate to the same khata No.24, after its partition.
The management in order to obtain the grant, appears to have taken advantage of the situation of the school, located on a corner of the cross road, of which one side opens on the south on the Shamli- Muzaffar Nagar Road, and the other towards north of the Panipat-Khatima Road. Both the buildings are situate on the same plot. There is nothing on record to show that they have separate buildings.
The Secretary, Basic Education was careful in detecting the misrepresentation made by the college, to benefit with grant-in-aid. A society by the name of Kalyankari Montessori School Samiti, Baghra was registered on 31.3.2005, just before the notification dated 9th September, 2006 was published in newspaper on 11th September, 2006. The school taking advantage of registration of 'Kalyankari Montessori School' made a false representation that the Junior High School is run by the newly registered society of which the building is on a separate plot of land and is recognised with requisite number of teachers and students. The false report submitted by the District Inspector of Schools, without any foundation from the revenue records, has been disbelieved by the Secretary, Basic Education. He agreed with the report of the Director of Education that both the Junior High School and Intermediate College are situate on the same land and are being run in the same building. They do not have separate and independent existence and adequate arrangement of teaching students of Classes 6 to 8.
For the reasons given as above, which were not considered by the learned Single Judge but are apparent from the record, we dismiss the writ petition.
The petitioner made a false representation of facts to the Secretary, Basic Education and has thereafter tried to misled the Court. It is absolutely necessary to discourage such mischievous litigation. It will thus be appropriate to impose cost of Rs.10,000/- on the petitioner to be deposited with the District Magistrate within two months to be forwarded to the Registrar General of the Court to be deposited in the account of High Court Legal Services Authority. If the amount is not deposited within two months, the District Magistrate will recover the same from the petitioner. It will be open to the Director, Basic Education, U.P. to draw criminal proceedings against the management of the school for making false representation.
Dt.09.09.2010 nethra/SP/