CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court

Government Aided School Hold Principal Beyond Retirement Age – Grant Withheld – Supreme Court

07 May 2024 8:19 AM

By: Admin


Supreme Court held in the recent Judgement that (THE STATE OF GUJARAT & ORS. Vs H. B. KAPADIA EDUCATION TRUST & ANR D.D 21 Feb 2023) that Minority educational institutions, like the respondents, cannot continue employees beyond the age of 58 or 60, and if they do, they cannot receive grants from the government. Grant-in-Aid Code applies to all registered secondary education institutions receiving grants, and they are subject to its restrictions.

 A Jain minority institution ran a government-aided school and sought permission from the government to continue employing their principal beyond the age of 60. The DEO granted the permission to continue him as the Principal up to the age of 60 years on the condition that his salary would be paid by the Institution. When the institution sought further extension of the principal's service, it was rejected by the DEO, leading to a writ petition being filed by the institution. The single bench of the High Court allowed the writ petition, holding that the institution had the right to continue the principal's employment and that the government was obliged to pay the grant towards his salary. The Division Bench dismissed the government's appeal against this decision.

Supreme Court observed that Article 30(1) establishes the right of minorities to establish and administer educational institutions. The Gujarat Secondary Education Act provides for the regulation of secondary education in Gujarat and includes regulations related to the superannuation of employees in registered secondary schools.

Further observed that according to para 81.1 of the Grant-in-Aid Code, secondary school teachers receiving grant-in-aid usually retire at the age of 58. Management can grant extensions to teachers up to the age of 60, as per para 81.2. Minority educational institutions, like the respondents, cannot continue employees beyond the age of 58 or 60, and if they do, they cannot receive grants from the government. Grant-in-Aid Code applies to all registered secondary education institutions receiving grants, and they are subject to its restrictions.

Supreme Court held that the provisions of the Grant-in-Aid Code apply to all secondary schools, regardless of whether they are established and administered by the minority or not. Respondents cannot claim the right to receive aid from the government outside of the Code's provisions.

Supreme Court further held that the State did not discriminate against the respondent institution on the ground that it was under the management of a minority, attracting Article 30(2) of the Constitution of India. The High Court committed a gross error in holding that the respondent-institute had a right to continue the principal of its school beyond his age of 60 years. Appeal Allowed.

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

Latest Legal News