The Bombay high court (HC) has revoked the decision of the state to stop the non- salary grant to a school, on the grounds that it would directly affect the quality of education. The state had stopped the grant after a scam pertaining to mid-day meals and uniforms came to light, in which an education society and the school’s headmaster were implicated.
While the court held that the state should consider initiating criminal proceedings against the guilty after conducting an inquiry, it should restart the grant.
A division bench of chief justice Pradeep Nandrajog and justice NM Jamdar was hearing a public interest litigation (PIL) filed by a retired member of the education society at Dapoli, Ratnagiri. The petitioner had complained of inaction by the authorities in the face of complaints of gross illegalities being carried out by the education society and the headmaster.
The society, however, responded that there was no illegality committed and that the headmaster had retired. The society further stated that some amount accruing towards retirement benefits of the headmaster had been withheld.
The state, through the education officer (primary) of Ratnagiri, submitted that the superintendent of the mid-day meal scheme at Dapoli would conduct an audit to ascertain any misappropriation of funds. It also submitted that the non-salary grant of the school had been stopped in light of the allegations.
“If there were misappropriations and fraud as alleged, the correct cause of action would have been to bring the guilty to book. Instead, the state authorities have responded by stopping the non-salary grant of the School. Stoppage of non-salary would affect the quality of education,” said the bench, adding, “The stoppage of the non-salary grant to the respondent’s institution stands revoked.” The court directed the superintendent of the mid-day meal scheme to initiate an inquiry within six weeks and consider whether criminal proceedings needed to be launched.
{{/usCountry}}“If there were misappropriations and fraud as alleged, the correct cause of action would have been to bring the guilty to book. Instead, the state authorities have responded by stopping the non-salary grant of the School. Stoppage of non-salary would affect the quality of education,” said the bench, adding, “The stoppage of the non-salary grant to the respondent’s institution stands revoked.” The court directed the superintendent of the mid-day meal scheme to initiate an inquiry within six weeks and consider whether criminal proceedings needed to be launched.
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