Md. Edrish Son of Shri. Azmudin, Secretary v. State of Jharkhand
2017-08-08
RAJESH SHANKAR
body2017
DigiLaw.ai
JUDGMENT : Learned counsel for the petitioner is directed to implead the Jharkhand Academic Council, Ranchi through its Secretary, as respondent no.5. Mr. Rajesh Kumar, Advocate, accepts notice on behalf of respondent no.5. 2. Heard learned counsel for the parties. 3. The present writ petition has been filed for issuance of direction upon the respondents to provide grant-in-aid to petitioner’s school in terms with Jharkhand State Unaided Educational Institution (Grant in aid) Act, 2004 [in short to be referred as “the said Act”] for which the recommendation has already been made by the District Superintendent of Education, Hazaribagh and to that effect, the application of the petitioner and the recommendation made therein has already been forwarded to the Director, Primary Education, Jharkhand, but no grant-in-aid has been provided to the petitioner’s school in terms with the provisions of the said Act. 4. Learned counsel for the petitioner submits that the petitioner is the Secretary of a school namely Madarsa Subhania, Ghauria Karma, which was affiliated by Bihar State Madarsa Education Board, Patna on 31.03.1987 up to Wastania level w.e.f. 01.01.1987. There were altogether 294 students studying in the school till filing of the writ petition. In the year 2003-04, the Director, Primary Education, Jharkhand through an advertisement (Annexure-1 to the writ petition) invited applications from the educational institutions in the light of Jharkhand State Unaided Education Institution (Grant- in-aid) Ordinance, 2003 through the respective District Superintendents of Education of the districts. The said advertisement was for the financial year 2003-04. The petitioner applied in terms with the advertisement for grant-in-aid annexing all the required documents before the District Superintendent of Education, Hazaribagh. The application of the petitioner’s Madarsa was duly forwarded by the District Superintendent of Education, Hazaribagh vide Memo no. 2257 dated 04.08.2004. The grievance of the petitioner is that though several other similarly situated unaided educational institutions including Madarsas were given grant-in-aid, yet the respondents did not take any decision so far as the grant-in-aid to be given to the petitioner’s Madarsa is concerned, which is arbitrary and discriminatory as against the petitioner. 5.
2257 dated 04.08.2004. The grievance of the petitioner is that though several other similarly situated unaided educational institutions including Madarsas were given grant-in-aid, yet the respondents did not take any decision so far as the grant-in-aid to be given to the petitioner’s Madarsa is concerned, which is arbitrary and discriminatory as against the petitioner. 5. Learned J.C. to G.A. III while referring to the counter affidavit filed on behalf of the respondent no.4 dated 12.12.2008 submits that the petitioner submitted an application for grant-in-aid on behalf of Madarsa Subhania, Ghauria Karma in prescribed proforma, which was verified by the District Superintendent of Education, Hazaribagh and thereafter, the application of the petitioner was forwarded to the respondent no. 3 i.e. the Director, Primary Education, Government of Jharkhand, Ranchi for further action. It is further submitted that as per Section 6(1) of the said Act, on receipt of application from the educational institution seeking grant-in-aid, the same is to be inspected by a committee constituted for the said purpose. It is further submitted that the petitioner’s Madarsa is yet to be inspected by the committee on whose report, the sanction for grant-in-aid would be considered. It is also submitted that the procedure for providing grant-in-aid to the unaided educational institution has further been clarified vide resolution contained in Memo no. 2887 dated 14.11.2011 (Annexure-A to the supplementary counter affidavit dated 05.12.2012 filed on behalf of the respondents). Clause-5(Ka) of the resolution dated 14.11.2011 provides that the registered Madarsas shall be inspected by the Jharkhand Academic Council at the instance of the District Education Officer of the concerned district. Subsequently, the District Education Officer, Hazaribagh vide his letter no. 1238 dated 14.06.2012 informed the Secretary, Jharkhand Academy Council, Ranchi that the report regarding seven Madarsas including the petitioner’s Madarsa is being submitted for necessary action. 6. Having heard the learned counsel for the parties and on going through the relevant documents placed on record, it appears that the District Education Officer, Hazaribagh has already submitted the report vide letter no. 1238 dated 14.06.2012 (Annexure-12 to the supplementary affidavit dated 21.09.2012) before the Jharkhand Academic Council, Ranchi for the physical inspection/verification of the seven Madarsas including the petitioner’s Madarsa.
1238 dated 14.06.2012 (Annexure-12 to the supplementary affidavit dated 21.09.2012) before the Jharkhand Academic Council, Ranchi for the physical inspection/verification of the seven Madarsas including the petitioner’s Madarsa. In view of the said factual development, the Secretary, Jharkhand Academic Council, Ranchi is directed to make inspection/physical verification of the petitioner’s Madarsa within a period of eight weeks from the date of receipt/production of copy of the order and to forward the report to the Director, Primary Education, Jharkhand, who shall take appropriate decision with regard to the sanction of grant-in-aid to the petitioner’s Madarsa in terms with the provisions of Jharkhand State Unaided Educational Institution (Grant- in- aid) Act, 2004 within a period of six weeks thereafter. 7. The writ petition is, accordingly, disposed in terms with the aforesaid observation and direction.