Kapadia having attained the age of 58 years on 22.07.1999, the Respondent No 1-Institute sought a permission from the Government to continue him as the Principal.
Also Read: https://newslaw.in/case-type/civil/regularization-of-village-level-workers-in-tamil-nadu/
The Single Bench vide the judgment and order dated 24.06.2016 allowed the said writ petition and held that the action on the part of the Respondents (the appellants herein) in stopping the grant was violative of Article 30(1) of the Constitution of India and that the Writ Petitioner-Institute had a right to continue Mr. A reference to the relevant provisions contained in the Constitution of India, the Gujarat Secondary Education Act, the Regulations framed thereunder and, in the Grant-in-Aid Code published under the Gujarat Notification dated 22.04.1964, would be beneficial for the purpose of answering the aforesaid question.
From the above stated provisions, it emerges that as per Regulation 42 of the said Regulations, the provisions contained in the said Regulations framed under the said Act prevail over those provisions contained in the Grant-in-Aid Code published under the government notification dated 22.04.1964, insofar as they relate to any matter provided in the said Regulations.
The combined reading of Regulations 42 and 43 of the said Regulations makes it clear that Regulation 36 would not apply to any educational institutions established and administered by minority, and therefore the matter pertaining to the age of superannuation of the employees of registered Secondary School established and administered by minority, availing the Grant-in-Aid could not be said to have been provided under the said Regulations.
If an employee or a teacher is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee or teacher beyond the age of 58 or 60 years, as the case may be.
are applicable to all the secondary schools whether established and administered by the minority or not and the respondents could not have claimed any right to receive the aid from the Government dehors the provisions of the Grant-in-Aid Code.
In a case involving similar issue as to whether a minority institute receiving an aid is bound by the conditions imposed by the Government, this Court in a recent decision in case of State of Uttar Pradesh and Others vs Principal Abhay Nandan Inter College and Others observed as under: – 11.
Also Read: https://newslaw.in/case-type/civil/judgment-on-execution-of-lease-deed-for-remaining-land/
The present appeal filed by the appellants stands allowed accordingly.
Case Title: THE STATE OF GUJARAT Vs. H B KAPADIA EDUCATION TRUST (2023 INSC 147)
Case Number: C.A. No.-002837-002837 / 2022
