Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 865 (UTT)

Ajay Kumar v. State of Uttarakhand

2016-11-22

SUDHANSHU DHULIA

body2016
JUDGMENT : Sudhanshu Dhulia, J. Petitioners claim to be teachers and office staff in Nehru Junior High School Evam Shilp Kala Vidhyalay, Roorkee Cantt., District Haridwar. The said school is a private school, where more than 50% of the students belong to Scheduled Caste community. The school gets its grant from the department of Social Welfare. It is a yearly grant and it is on the basis of this grant that salary of teachers and other staff members of the school are met. 2. According to the petitioners, they have not received their salary for the last 12 months i.e. from March 2015 to February 2016. There appears to be also presently a dispute between the petitioners and the Management of the school. The Management of school is represented by Mr. Parikshit Saini who states that the petitioners do not even allow the Manager to enter the school premises and there are false cases filed by the petitioners against the Manager of the school. Although no affidavit has been filed in the Court as yet, the learned counsel for the Management has given this statement on the instructions received from the Management, whom he represents. 3. Although no formal complaint has been filed but relation of the petitioners and Management are absolutely strained and considering this state of affairs in the school, the major concern of this Court is not of the petitioners or even the Management, but of these students, who have the misfortune of being in this sorry state of affairs. 4. Petitioners had earlier approached this Court for grant of their salary. The salary of the petitioners is not being given month to month basis but according to the petitioners, this is being given by way of annual grant. 5. Under these circumstances, particularly, in view of the fact that there are allegations and counter allegations made by the petitioners and respondents against each other, this Court deems it fit and proper that the Secretary, Social Welfare, Government of Uttarakhand shall inquire into the matter. In order to gather facts, the Secretary would be permitted to collect evidence by way of a preliminary inquiry through a responsible officer preferably by the District Magistrate, but in no case by an officer below the rank of Sub-Divisional Magistrate. In order to gather facts, the Secretary would be permitted to collect evidence by way of a preliminary inquiry through a responsible officer preferably by the District Magistrate, but in no case by an officer below the rank of Sub-Divisional Magistrate. On the basis of evidence, the concerned Secretary shall give a personal hearing to the petitioners as well as Management and pass orders therein. The concerned Secretary shall also take a decision on the aspect of the salary, which has to be paid to the petitioners, in case they are working. In case, the salary has not been given, the concerned Secretary after ascertaining the exact amount to be paid to the petitioners on the basis of the grant, should ensure this amount be paid to the petitioners. But his major concern would be to inquire first as to whether the school actually has more than 50% of strength of children belonging to Scheduled Caste community. The evidence must be collected on the spot and not merely on the basis of records. In other words, whether the school has an actual and effective strength of 50% of students who belong to Scheduled Caste community must be ascertained by physical verification. Thereafter, considering the state of affairs in the school, the concerned Secretary shall explore all possibilities to bring normalcy in the school. If need be he may adjust all the existing children in an adjoining or neighbouring school in case their schooling are being hampered. It is made clear that since it is a fundamental right of a child to get free and compulsory education from Class I to Class VIII, no school which comes under the purview of the Right to Education Act can refuse to grant admission to such children, subject to the Rules made therein. 6. However, it is made clear that in the inquiry if it is found that the Management has been at fault in any manner, either in making appointment of the teachers or in the case of mismanagement of the school or in disbursing funds, the concerned Secretary shall pass appropriate orders against the Management and the concerned persons as well. 7. Sri B.P.S. Mer who represents the State shall apprise the concerned Secretary of this order, for onward compliance. 8. In view of the above observations, the writ petition stands disposed.