Monika Sharma v. State of Hp
Case brief
What is this about?
grant-in-aid; aided private school; 144 privately run schools; 95% grant-in-aid; S.D. Chand Public Senior Secondary School Ghuggar; Goswami Snatan Dharam Education Society Baijnath; Primary Teacher regularized 25.05.2011; Himachal Pradesh Non-Government Institution Grant-In-Aid Rules; Grant-in-Aid Rules 1997; excess sanctioned strength; appointment without departmental approval; due process objection; parity; discrimination Articles 14 16; Prathana CWP 27/1997 decided 13.10.2003; Sushma Rana CWP 4196/2013 decided 03.06.2015; LPA 88/2016 dismissed 22.09.2022; Sangeeta CWP 7851/2022 decided 21.03.2024; Ram Swaroop LPA 37/2019; (1995) 4 SCC 507; Director of Elementary Education; time-bound directions six weeks; merits left open; Monika Sharma v State of H.P.; CWPOA 7936 of 2019; Himachal Pradesh High Court Shimla.
What did the court decide?
Petition disposed of with directions, without adjudicating on merits and leaving all questions open: (i) Respondent No.2-Director of Elementary Education to examine the petitioner's case for release of grant-in-aid in terms of Sushma Rana (CWP No.4196 of 2013, decided 03.06.2015, upheld in LPA No.88 of 2016, decided 22.09.2022) and Sangeeta (CWP No.7851 of 2022, decided 21.03.2024) within six weeks; (ii) if the petitioner is found similarly placed vis-à-vis the incumbents in Prathana (CWP No.27 of 1997) and those judgments, respondents to extend admissible grant-in-aid to the extent of 95% to respondents No.3 and 4-Institution with resultant salary to the petitioner; (iii) admissible benefits to be released on or before 31.01.2025. Pending applications disposed of.