Karnataka High Court
Sri Matha Akkamahadevi High School vs The State Of Karnataka on 12 March, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 12th DAY OF MARCH, 2014
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No.51645 OF 2013 (EDN-GIA)
BETWEEN:
Sri. Matha Akkamahadevi High School,
Sugur, Tiptur Taluk,
Tumkur District.
Administered by
Sri. Matha Akkamahadevi Vidya
Samsthe (Regd.),
Shadakshari Nilaya,
2nd Cross, Adarsha Nagar,
Tumkur.
Represented by its Secretary
B.S. Malleshaiah,
Son of Shambulingaiah,
Aged about 46 years,
Residing at Adarshanagar,
Tumkur, Tumkur Taluk and District.
PIN 572 201.
...PETITIONER
2
(By Shri. M.V. Hiremath, Advocate)
AND:
1. The State of Karnataka,
By its Secretary to Government,
Department of Education,
M.S.Building,
Bangalore - 560 001.
2. The Commissioner,
Department of Public Instructions,
Government of Karnataka,
Nrupathunga Road,
Bangalore - 560 001.
3. The Director,
Secondary Education,
Office of the Commissioner for
Public Instructions,
Nrupathunga Road,
Bangalore - 560 001.
4. The Deputy Director,
Department of Public Instructions,
Tumkur District,
Tumkur 572 102.
5. The Block Education Officer,
Tiptur Taluk,
Tumkur District 572 201.
... RESPONDENTS
(By Shri. B. Veerappa, Additional Government Advocate for
Respondent Nos. 1 to 4
3
Shri. R. Ramachandra, Advocate for Respondent No.5)
*****
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to 1) quash the order dated
19.9.2013 issued by first respondent in Revision Petition
No.42/2013 (ED No.410 SES 2013) vide Annexure-K and
endorsement dated 27.3.2013 issued by second respondent vide
Annexure-G and 2) direct the respondents to consider the
request of petitioner for disbursement of salary grant through
the Secretary of Management vide Annexure-B dated 15.3.2011
and Annexure-E dated 8.5.2011.
This Writ Petition is coming on for Hearing this day, the
court made the following:
ORDER
Heard the learned counsel for the petitioner.
2. The petitioner is a Society registered under the Societies Registration Act, 1960 and is said to have established a High School in the year 1985-86 in the name of Shri Matha Akkamahadevi High School, Sugur, Tiptur Taluk, Tumkur District and the said School was admitted to salary grant during the academic year 1992-93. The petitioner - Management claims that after having obtained prior permission and 4 recognition, it has maintained the records pertaining to the internal affairs of the Management in terms of the provisions of the Karnataka Societies Registration Act, 1960. The petitioner claims that the petitioner's High School meets the needs of three villages namely Sugur, Bhajagur and Ballekere.
The grievance of the petitioner is that, the salary grant is disbursed in the name of the Headmaster of the High School instead of in the name of the Secretary of the petitioner - Management. This according to the petitioner, would be contrary to the legal provision. In that, the petitioner having made an application for grant-in-aid in terms of Section 52 of the Karnataka Education Act, 1983, it stands to reason that the disbursement of the salary grant should also be made through the Management which has sought for such benefit. However, the salary being disbursed through the Headmaster of the School when it is the Management which provides the infrastructure and manages the affairs of the Institution, has a debilitating effect on the Management. The Headmaster is 5 given authority to disburse the salary and therefore, the petitioner seeks that there be a correction. This is the primary contention that is sought to be raised in a longwinded petition, drawing reference to several annexures, which may not be relevant.
3. On the other hand, the learned Government Advocate would point out that the procedure for payment of salary grants is prescribed under Chapter IX of the Grant-in-aid Code for Secondary Schools and insofar as the disbursement is concerned, draws attention to the several provisions under the Chapter which prescribes a detailed procedure as to the manner in which the disbursement is made and it is the same procedure that has been followed over the past several years from the date of admission of the School to grant-in-aid and the present petition seeking a novel direction to the effect that the disbursement should be made through the petitioner - Management, contrary to the procedure prescribed under the 6 provisions aforesaid, is wholly impermissible and would submit that the petition ought to be dismissed in limine.
4. On a plain perusal of the tenor and language of Section 52 of the Karnataka Education Act which is sought to be invoked as the basis for the petition, would not indicate any support to the petition. On the other hand, the procedure as prescribed under Chapter-IX of the Grant-in-aid Code would not contemplate disbursement of the salary through the Management. On the other hand, it contemplates credit of the amount due to each employee directly to his Bank Account and such amounts which may be required for payment to third parties, to the Headmaster. In that view of the matter, the petition is ill-conceived and is accordingly, dismissed.
Sd/-
JUDGE KS