Saturday, March 23, 2013

Govt not bound to recognize unaided schools: SC

Govt not bound to recognize unaided schools: SC

TNN Sep 6, 2012, 03.02AM IST

NEW DELHI: The Supreme Court has ruled that states were not duty bound to grant recognition to unaided schools, even if it had adequate infrastructure and teaching staff, as indiscriminate recognition to unaided schools was fraught with the danger of favouritism playing a role in it.
A bench of Justices K S Radhakrishnan and Dipak Misra overruled a Kerala High Court judgment, which had mandated that a state government had to grant recognition to an unaided self-financed English medium school after it found that the school met requisite conditions laid down by the education department.

Justice Radhakrishnan, writing the judgment for the bench, said even if it was made compulsory for the state to recognize an unaided school after it satisfied stipulated requirements, it was bound to provide scope for arbitrariness, favouritism and would also affect the functioning of other recognized schools in the locality.
The bench said procedure for grant of recognition could never be overlooked. Explaining the cascading effect of grant of recognition, it said, "The state spends large amounts by way of aid, grant etc for running schools in the aided sector as well as state-owned schools. Indiscriminate grant of recognition to schools in the unaided sector may have an adverse effect on the state-owned schools as well as the existing schools in the aided sector, by way of division fall, retrenchment of teachers etc."
However, it did not disturb the grant of recognition to Bentham English Medium School at Attappady in Palakkad district on finding that its case had also been recommended by the local body and it had enrolled a large number of students in a tribal area.
Agreeing to consider this school's case as a special one, the bench clarified, "We make it clear that this order (of sustaining recognition to Bentham School) shall not be treated as a precedent."

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