A letter was addressed by the same authority dated September 30, October 4, 1958 to the Deputy Commissioners requesting them to supply immediate information showing the companytributions actually deposited into the treasuries by the local bodies in respect of the provincialisation of the schools.
At a subsequent meeting held on March 28, 1963, the appellant Committee, however, revised its previous decision in view of a resolution passed in the meeting of the Standing Committee of Urban Local Bodies Conference held on June 21, 1962.
The appellant Committee is a first class.
He pressed for proper steps being taken.
226 and 227 of the Constitution was filed by the appellant Committee in which apart from other matters the validity and companystitutionality of the Act were challenged.
by their respective Engineering Establishments in favour of the Superintending Engineers companycerned.
as Government High Middle Primary Schools for Boys or Girls as the case may be.
to provincialise all the schools run by all local bodies in the State with effect from October 1, 1957.
Deputy Commissioners were?
By means of another memorandum dated December 26, 1958 orders of the Government were companyveyed that immediate steps should be taken for getting the companytribution from local bodies and also for obtaining transfer of buildings and equipment.
A memorandum from the Director of Public Instructions, Punjab to the District Inspector of Schools sent on October 5, 1957 companyveyed the following direction All the erstwhile Local Body Schools which have been provincialised with effect from the 1st October, 1957 will henceforth be known.
The schedule companytained the list of 42 such schools.
Municipal Committee and has been in existence from a long time.
The Punjab Government took an administrative decision.
The appellant Committee at its meeting held on January 10, 1959 decided number to pay any companytribution for the time being.
to be realized in such schools after that date should be credited to the Government in the treasury under the head Without enacting any legislation the State took over all the schools run by the local bodies on October 1, 1957.
The Punjab Government, however, issued a numberification dated September 26, 1960 saying that the Governor was satisfied that it was necessary in the interests of the students to take over for a period of ten years the management of the schools specified in the schedule and administered by the Municipal Committee, Amritsar, and therefore in exercise of the powers companyferred by the proviso to s. 5 of the Act the Government took over for a period of ten years the management of the said schools.
Appeal by special leave ,from the judgment and order dated November 15, 1965 of the Punjab High Court in Civil Writ No.
In the return filed on behalf of the State reliance was placed on the pro visions of the Act, the resolution passed by the Committee itself on.
January 3, 1962 agreeing to pay the companytribution and allow the use of school buildings to the Government free of charge and the numberification which had been issued under s. 5 of the Act on September 26, 1960 whereby the management of the schools of the Committee had been taken over for a period of 10 years.
This information was companyveyed by means of a letter dated July 19, 1957 by the Secretary to the Government, Education Department, through the Deputy Commissioners in Jullundur and Ambala Divisions.
The Executive Officer of the appellant Committee appointed under the Punjab Municipal Executive Officers Act 1931 wrote to the Deputy Commissioner, Amritsar on November 21, 1957 that numberformal orders had been received from the Government requiring the Committee to give up possession of the schools and it appeared that numberprocedure had so far been devised in that behalf or for the settlement of terms and companyditions on which the buildings, furniture, fittings and other materials were to be transferred.
It was decided that the payment be made on the basis of a formal laid down by the State Government in that behalf with effect from October 1, 1957 but that the proprietary rights of the Committee in the school buildings be retained and the use of these buildings free of charge be allowed to the Government for the purpose of running the schools.
It was, however, running schools upto the middle and high standards for girls and boys for which all the expenses were incurred by itself without any grant from the Government.
At another meeting held on June 9, 1960 the appellant Committee decided number to pass the resolution under s. 3 of the Act transferring its schools and property to the State Government.
The primary liability, however, for incurring the extra expenditure even in companynection with the aided schools was of the Committee.
Thereupon the petition under Arts.
At a meeting of the appellant Committee held on July 31, 1957 a resolution was passed that a strong representation be made to the Government against the decision to provincialise the schools run by the local bodies.
The order of the State for payment of an annual companytribution which upto the date of the filing of the writ petition i.e. May 10, 1964 had reached the figure of 53 lakhs was also challenged.
On September 26, 1957 the Assistant Director of Schools wrote to the District Inspector that as all the local body schools are being provincialised with effect from October 1, 1957 the tuition fees etc.
53,66,146/ on account of companytribution for the maintenance of the provincialised schools for the period 1957 58 to 1963 64 failing which realization was to be made under sub s. 2 of that section.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Niren De, Attorney General and Naunit Lal, for the appellants.
It was decided that the State Government was number entitled to charge companytributions from the Municipal Committee.
226 and 227 of the ConStitution which had been filed by the appellant Municipal Committee challenging the taking over by the State of all the schools which were being run by it together with all the buildings in which the schools were functioning and other movable and immovable properties companynected with these institutions which belonged to the Committee.
This was followed by the memorandum dated December 12, 1958 to the effect that all local bodies be advised to execute the transfer numberes in respect of the school buildings etc.
It was also resolved that the Committee was number in favour of transferring the proprietary rights in movable and immovable property which was in possession of the schools.
The question of the payment of the companytribution which was being demanded by the Government came up for companysideration at a meeting of the appellant Committee on January 3, 1962.
The Secretary to the Government, Punjab, Health and Local Government Department sent a memorandum dated September 10, 1958 to all the Deputy Commissioners saying that the work of proper maintenance of the buildings of the provincialised schools of the local bodies would be entrusted to the Public Works Department, Buildings and Roads.
1321 of 1966.
A number of primary schools were being run by the Committee within the municipal limits of the town of Amritsar for which it was getting grant in aid from the Punjab Government.
It has been managing its local affairs through the elected representatives from the city who are called Municipal Commissioners.
requested to get the requisite resolutions passed by the local bodies in the prescribed form.
It is companystituted and functions under the provisions of the Punjab Municipal Act 1911.
Hardev Singh and R.N. Sachthey, for the respondents.
878 of 1964.
The Judgment of the Court was delivered by Grover, J. This is an appeal by special leave from a judgment of the Punjab High Court dismissing a petition under Arts.
