Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

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