Document Fragment View

Matching Fragments

6. It is submitted by the petitioners that they have about 3000 students in primary section and about 1110 in secondary section. Teaching strength and the non teaching staff is mentioned in para 6 of the petition. It is contended that at the material time, the Maharashtra Employees in Private Schools (Conditions of Service) Act, (hereinafter for short referred to as "MEPS Act") was not enacted and there were no statutory rules governing scale of pay and allowances payable to the employees of unaided school. It is pointed out that the Secondary Schools Code (for short SS Code) contained administrative instructions from the Government to the departmental staff for guidance and the said provisions were held by the Supreme Court to be mere administrative instructions and confer no right on anybody concerned.

12. In answer to this petition, an affidavit affirmed by Sitaram Shinde, Under Secretary to Government (Law). Education Department dated 9th February 1996 is filed. In this affidavit this is what is stated :--

"1. I say that prior to the year, 1975, the Government was giving grant to the schools which were recognised by the Education Department and which satisfied the conditions as laid down in the Secondary School Code. However, in the year 1975, the Government took a policy decision by which it has been decided to grant permission for opening of English medium schools, permanently on no grant basis. It is the policy of the State to promote education through the mothertongue and therefore, permission to open Marathi Medium schools as well as the schools through other media on extension of grant in aid except English medium, according to the need of the society. The Government has also laid down certain norms for preparing a Master Plan indicating the places where a secondary school is required to be opened. The Master Plan formulated in the year 1992, continues to be in operation and Government has given permission to about 2500 secondary schools in the State at the places indicated in the Master plan.
The Government has further decided to pay grant-in-aid to these institutions in phases, the schools which initially permitted to be opened on no grant basis, for first three years, the grant is not given by the Government. After completion of three years, if the other conditions as laid down in Government orders issued from time to time as well as the provision of secondary school code are satisfied, the grant in aid is given at the rate of 25% of their admissible expenditure in the fourth year. It is increased thereafter by 252 every year and ultimately, the school is eligible for 100%, grant in the seventh year or its existence, subject to the fulfilment of the prescribed norms.

15. For appreciating the rival contentions a reference is necessary to the relevant provisions of Secondary School Code (for short: SS Code). Chapter IV thereunder provides for Grant In Aid, Section I. Under this heading provides for salary/non-salary grant. Several rules pertaining to administration and eligibility for grant in aid are set out in this Chapter. Rules 86.1, 86.2, 87 and 88.1 read as under:--

"86.1: Moneys annually granted from public funds for aiding secular education in Maharashtra State are administered under the control of the Director in accordance with the conditions set forth in these rules."