GUWAHATI, India, June 6 -- Gauhati High Court issued the following order on May 6:
1. Heard Mr. P. Sarma, learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, learned Additional Senior Government Advocate as well as Ms. D. Mushahary, learned standing counsel, Secondary Education Department and Mr. A. Chaliha, learned Standing Counsel, Finance Department.
2. This is the third round of writ petition by the petitioners seeking financial assistance to the petitioner schools since for the year 2010-11 onwards as per the guidelines for Implementation of State Plan Scheme "Financial Assistance to the Venture Educational Institutions."
3. The petitioners' schools are situated in different districts of Assam. The Government of Assam had introduced a State Plan Scheme for the year 2010- 11, namely "Financial Assistance to the Venture Educational Institutions". It is the case of the petitioners that as per the said scheme, the petitioners' schools are eligible to be provided with the financial assistance. The petitioners approached the respondent authorities in terms of the scheme. However, on being not granted, the petitioner approached this Court by filing writ petition being WP(C) 4787/2011 and this Court by an order dated 29.02.2012 has disposed of the writ petition and as agreed to by the learned counsel for the parties, directed the respondents to look into the grievance of the petitioners and passed appropriate orders in accordance with the law.
4. Thereafter, the Director of School Education, Assam vide order dated 14.12.2012 has rejected the claim of the petitioners on the ground that as per the guidelines only those Secondary Schools, Junior Schools, which received financial assistance during 2010-11 shall only be eligible to receive the financial assistance for the year 2012-13 and as the petitioners institution did not get financial assistance during 2010-11, as per the government guidelines, the financial assistance cannot be considered by the Director of Secondary Education, however, the letter has been sent to the government seeking instruction on the matter.
5. The petitioners have file second writ petition being WP(C) 5386/2013 against the rejection of the claim of the petitioners for financial assistance by the Director of Secondary Education, dated 14.12.2012. This Court by an order dated 10.04.2014, disposed of the above writ petition by directing the respondent authorities to provide financial assistance to the 13 numbers of schools including the petitioners for the year 2010-11 and also for the financial year 2012-13 and such benefit must reach the petitioners within the outer limit of 4 (four) months from the date of the order.
6. Pursuant to the aforesaid order of this Court dated 10.04.2014, passed in WP(C) 5386/2013, the Secretary to the Government of Assam, Secondary Education Department vide order dated 08.12.2014, has decided that 13 schools mentioned in the writ petition WP(C) 5386/2013 (including the petitioners herein) are entitled to receive financial assistance for the period 2010-11, 2012- 13 and necessarily 2013-14 and 2014-15 as they received recognition in 2010.
7. Mr. P. Sarma, learned counsel for the petitioner submits that despite the clear order of the Secretary to the Govt. of Assam, Secondary Education Department, dated 08.12.2014, the petitioners have not provided with the financial assistance till date, therefore, he submits that the only prayer is for grant of financial assistance as per the order of this Court in WP(C) 5386/2013 and the consequential order passed by the Secretary to the Govt. of Assam, Secondary Education Department dated 08.12.2014 within a reasonable period of time.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOM5r0dIk79HZVyRnyCxPPcEK9eeZWieYHnaz%2FfWlY89F&caseno=WP(C)/6987/2017&cCode=1&cino=GAHC010223452017&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
