(Per : HONOURABLE MR.JUSTICE V. M.
SAHAI)
1. We have heard Mr.P.K.Jani, learned Government Pleader assisted by Mr.N.J.Shah, learned AGP for the appellant.
2. Notice returnable on 22nd June, 2012.
3. The learned Government Pleader shall file an additional affidavit of District Education Officer, State of Gujarat wherein he shall explain the entire system of grant-in-aid which is paid to the primary schools in the State of Gujarat. It shall be further explained in the affidavit that, if prior to enactment of Article 21-A of the Constitution, an institution was provided grant-in-aid, and under the scheme of grant-in-aid if 85% of the grant was to be contributed by the State Government but the State Government paid 100% grant so that the teachers and staffs may not suffer in payment of salary etc., but the remaining 15% grant has to be reimbursed by the institution to the State Government. A question arises that, after the enactment of Article 21-A of the Constitution, including it a fundamental right of free and compulsory education to children in such a situation where the State Government is required to provide 100% grant-in-aid without any reimbursement to it of any percentage from the institution as now it is an obligatory for the State Government to provide free and compulsory education to children between 6 to 14 years. If State Government is permitted to claim any reimbursement from the institution of any percentage of grant-in-aid that may be prima facie in violation of Article 21-A of the Constitution, as the institution will be shifting the burden of payment of fee on the students. The Right to Children to Free and Compulsory Education Act, 2009, provides that 25% grant-in-aid may be provided by the State Government to the aided institutions, but, prima facie, this would apply to new institutions which are being sanctioned grant-in-aid for the first time after the enactment of the Act, 2009. It shall be explained in the affidavit that, after the enactment of Article 21-A of the Constitution and the Act, 2009, whether the State Government is empowered to reduce the grant-in-aid of an institution which was earlier receiving 100% grant-in-aid and thereby imposing financial burden on the student or his parent, which may be in violation of Article 21-A of the Constitution and the Act, 2009.
4. The State Government shall also explain in the affidavit as to what is the budget sanctioned by the State Government for the grant-in-aid. The State Government shall also explain in the affidavit that, in order to achieve the object of Section 11 of the Act, 2009, to provide free and compulsory education to child aged 3 to 6 years, and what steps have been taken by the State Government to meet its obligation under the Act, 2009 what budget has been sanctioned, and how many institutions in the State of Gujarat are imparting education to student as provided by Section 11 of the Act, 2009.
5. In the affidavit it shall also be explained the details of all the Government/Municipal Schools/Panchayat Schools, clearly stating that how many students are receiving education who are between 6 to 14 years, how many teachers and staffs are there in each school, and whether the building rooms and other infrastructure facilities are available for imparting education in urban and rural areas of the State of Gujarat.
6. The learned Government Pleader, on instructions from the District Education Officer has urged that, apart from these seven institutions who are respondents in this appeal, all other primary institutions who are being paid grant-in-aid and their teachers and staff members are receiving salaries through cheque issued by the District Education Officer. So far as these seven respondents are concerned, the grant-in-aid is directly paid to them by the Government. It is for the State Government to decide as to how the payment of salary of teachers and staff members are to be paid, and it is always open to the State Government to ensure that payment of salary to the teachers and staff members is paid through the District Education Officer. The detailed affidavit shall be filed by the District Education Officer, State of Gujarat, on or before 18th June, 2012. List the appeal on 22nd June, 2012.
(V.M. SAHAI, J.) (A.J.DESAI, J.) syed/ Top