Court rules no fundamental right for unaided private primary schools to demand recurring grants under Article 21-A or the RTE Act, 2009.
In a significant ruling, the Allahabad High Court has upheld the Uttar Pradesh State Government's decision to withdraw recurring grants for private unaided primary schools, emphasizing that these institutions do not possess a fundamental right to claim financial aid under Article 21-A of the Constitution of India or the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The judgment was delivered by a division bench comprising Justices Manoj Kumar Gupta and Arun Kumar in response to a series of appeals filed by the State of Uttar Pradesh against a previous order directing the state to provide financial aid to several private primary schools.
The court asserted that the primary obligation under Article 21-A and the RTE Act is for the state to ensure free and compulsory education for children aged 6 to 14 years, predominantly through government-run schools or reimbursement mechanisms for private schools catering to weaker sections and disadvantaged groups. The judgment further clarified that only those private institutions which comply with specific government orders and eligibility criteria may be considered for recurring grants.
The appellants, led by the Additional Advocate General, argued that the state's policy, effective since October 5, 2006, withdrew the provision of recurring grants to private schools, a move they defended as a valid policy decision aimed at optimizing resource allocation for public education infrastructure. The court agreed, stating that the decision to grant aid is a policy matter and not a fundamental right of the institutions.
The judgment also addressed the appointment of teachers in these institutions, noting that appointments made without adhering to statutory norms and requisite qualifications cannot form the basis for claiming salaries from the state exchequer. The court highlighted that the duty to provide free and compulsory education does not extend to granting financial aid to all private recognized schools.
The decision underscores the state's prerogative to manage its education policy and resource allocation, with the court affirming that private institutions cannot challenge the withdrawal of grants unless evidence of arbitrariness or discrimination in policy implementation is demonstrated. This ruling aligns with previous decisions by the Supreme Court, which have consistently held that the right to aid is not a fundamental right but subject to governmental policy and discretion.
Bottom Line:
Grant-in-aid to private primary schools - No fundamental right for private unaided primary institutions to claim recurring grants from the State Government under Article 21-A or the RTE Act, 2009. State obligations under the RTE Act focus on providing free and compulsory education primarily through government schools or reimbursement mechanisms for private schools. Only those institutions existing under specific government orders with clear compliance to eligibility criteria may be considered for recurring grant.
Statutory provision(s): Article 21-A of the Constitution of India, Right of Children to Free and Compulsory Education Act, 2009, Uttar Pradesh Recognized Basic Schools (Recruitment and Conditions of Service of Teachers and Other Employees) Rules, 1975.
The judgment reinforces the policy that financial aid for education is a strategic decision by the government, aimed at ensuring efficient use of resources to fulfill the constitutional mandate of free and compulsory education for children, primarily through public schooling systems.
State of U.P. v. Ramesh Kumar Singh, (Allahabad)(DB) : Law Finder Doc Id # 2833372
