Case Note & Summary
The petitioner, Azmatunnisa Abdul Khalique, a teacher at Usmania Urdu Primary School, a recognised but non-aided primary school in Mumbai, filed a writ petition seeking enforcement of the Grant-in-Aid Code to claim higher salary. She alleged she was paid only Rs.1,000 per month, while the Code prescribed higher pay scales for aided schools. The respondents, including the State of Maharashtra and the school management, contended that the Code was merely administrative instructions without statutory force, and that the school was not aided, so the Code did not apply. The court examined the nature of the Grant-in-Aid Code and held that it is a set of administrative instructions governing the relationship between the Municipal Corporation and aided schools, not a statute. Therefore, it does not confer any enforceable right on teachers in non-aided schools. The court dismissed the petition, noting that the petitioner's remedy, if any, lies elsewhere, not through a writ petition under Article 226 of the Constitution. The court also noted the management's claim that the petitioner was paid Rs.11,074 per month, not Rs.1,000, but did not adjudicate on this factual dispute.
Headnote
A) Education Law - Grant-in-Aid Code - Statutory Force - The Grant-in-Aid Code for primary schools in Greater Mumbai is merely administrative instructions and does not have statutory force - Consequently, a teacher in a recognised but non-aided school cannot enforce the Code through a writ petition - Held that the Code does not create an enforceable right in the teacher (Paras 2, 5-6).
Issue of Consideration
Whether the Grant-in-Aid Code for primary schools in Greater Mumbai has statutory force and is enforceable, or are merely administrative instructions which do not give rise to an enforceable right in the teacher and consequently a writ petition for enforcement of the instructions is not maintainable.
Final Decision
The court dismissed the writ petition, holding that the Grant-in-Aid Code is merely administrative instructions without statutory force, and therefore does not create an enforceable right in the teacher. The petition was not maintainable.
Law Points
- Grant-in-Aid Code is administrative instructions
- not statutory
- no enforceable right for teachers in non-aided schools
- writ petition not maintainable for enforcement of administrative instructions
Case Details
2010 LawText (BOM) (02) 84
Writ Petition No. 993 of 2009
F.I. Rebello, J.H. Bhatia
Mr. A.N. Maniyar for petitioner; Ms. Anjali Helekar, AGP for respondent Nos. 1 to 4; Mr. M.M. Vashi with Mr. S.B. Narwade for respondent No.5
Azmatunnisa Abdul Khalique
The State of Maharashtra, The Director of Education, The Deputy Director of Education, The Beat Officer, Nawab Usmani
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking enforcement of Grant-in-Aid Code for salary.
Remedy Sought
Petitioner sought direction to respondents to pay salary as per Grant-in-Aid Code.
Filing Reason
Petitioner claimed she was paid paltry salary of Rs.1,000/- per month while entitled to higher salary under Grant-in-Aid Code.
Issues
Whether the Grant-in-Aid Code for primary schools in Greater Mumbai has statutory force and is enforceable.
Whether the Grant-in-Aid Code is merely administrative instructions not giving rise to an enforceable right in the teacher.
Whether a writ petition for enforcement of the instructions is maintainable.
Submissions/Arguments
Petitioner argued that as a teacher in a recognised school, she is entitled to salary as per Grant-in-Aid Code.
Respondent No.5 (Management) argued that the school is not aided, MEPS Act not attracted, and Grant-in-Aid Code is administrative instructions, not enforceable by writ.
Ratio Decidendi
The Grant-in-Aid Code for primary schools in Greater Mumbai is a set of administrative instructions, not a statute. It does not have statutory force and cannot be enforced through a writ petition under Article 226 of the Constitution. Teachers in non-aided schools cannot claim rights under the Code as it does not create enforceable rights.
Judgment Excerpts
The short question which arises for consideration in this Petition is whether the Grant-in-Aid Code for primary schools in Greater Mumbai has statutory force and is enforceable and or are merely administrative instructions, which do not give rise to an enforceable right in the teacher and consequently a writ petition for enforcement of the instructions is not maintainable.
The Grant-in-Aid Code are basically administrative instructions, which regulate the terms of recognition and Grant-in-Aid Code between the Mumbai Municipal Corporation on the one hand and the school on the other.
Procedural History
The petitioner filed Writ Petition No. 993 of 2009 before the Bombay High Court. Rule was issued and heard forthwith by consent. The court dismissed the petition on 8th February 2010.
Acts & Sections
- Constitution of India: Article 226
