IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3412 of 2003
1. Md. Nezam Alam
2. Md. Imran
3. Md. Intekhab Ahmad
4. Yasmin Khatoon
5. Seema Kumar Hazra
6. Md. Firoj Ansari ............. Petitioners
Versus
1. The State of Jharkhand
2. Secretary, Department of Education
3. Regional Director (Education), Santhal Pargana
4. District Education Officer, Godda
5. Head Master, Sir Sayed Minority Urdu Middle
School, Roshan Bag Asanbani, Godda
6. Secretary, Department of Human Resources. Respondents.
.............
CORAM: THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY
For the Petitioners Mr. Rajesh Kumar
For Respondents: Mr. Rajendra Krishna, Sr. S.C.I
03/11.11.2009
Heard the learned counsel for the parties and with their
consent this writ application is being disposed of at this stage itself.
The prayer of the petitioners, who are all teachers working in
Sir Sayed Minority Urdu Middle School, Godda, is for direction to the
respondents to pay their salary to them, which is due since 1993.
Other prayer of the petitioners is for direction to the respondents to
release necessary funds to the school in question for payment of
regular salary to the teachers and staffs serving in the said school.
According to the case of the petitioners, they are continuously
working as teachers in Sir Sayed Minority Urdu Middle School,
Roshan Bag Asanbani, situated at Godda since 1993, but they have
not been paid their salary till date. Further claim of the petitioners is
that the school in question is recognized as a Minority Institution and,
therefore, the State is liable to pay the salary to its teachers.
A counter affidavit has been filed on behalf of the State,
wherein a notification dated 7th July 1993 has been annexed as
Annexure-A and it is stated that Sir Sayed Minority Urdu Middle
School, Roshan Bag Asanbani, situated at Godda was granted
recognition without any financial aid and assistance i.e. Vitta Rahit
and with a condition that no grant from the Government fund would
be given to the school.
In view of this notification (Annexure-A to the counter
affidavit), the question for direction to the respondents to pay salary
to the petitioners cannot arise.
It also appears from supplementary affidavit filed by the
petitioners that the Government of Jharkhand has come out with an
Ordinance in the year 2003, by which all such institutions, which were
not getting any Government Grant, were asked to make an
application for such grant from the State Government under the
provisions of the said Ordinance. Nothing has been shown by the
petitioners that pursuant to the said Ordinance also any application
has been made by the petitioners to the State Government.
Therefore, in my view no case for any interference by this
Court is made out. Accordingly, this writ petition is dismissed.
(AMARESHWAR SAHAY, J)
Sharma