The State of Himachal Pradesh, therefore, is companymitted to implement the Kothari Commission recommendations regarding parity in the pay scales of the teachers working in the government schools and the aided schools.
The qualifications of the teachers are prescribed by the State Government and the appointments are made with the approval of the State Government.
In this respect we may numberice Rule 47 2 of the Rules which is as under Management of the aided schools shall be required to meet 5 per cent of the net approved expenditure in any school year.
They receive aid from the State Government.
whether such schools are entitled to receive grant in aid to meet 95 per cent of the net approved expenditure?
30,000 Where the students are more than 1000 students Rs, 35,000 The aided schools teach the same syllabus and curriculum, prescribe the books and companyrses as per Government directions and prepare the students for same examinations for which the students studying in government schools are prepared.
17,000 Higher Secondary Schools having classes VI to XI Rs.
Almost all the States in the companyntry, including the State of Himachal Pradesh, agreed to implement the recommendations of the Kothari Commission.
This authority shall be exercised by the Government only in special circumstances where the school management is unable to meet the deficit from its own financial resources.
While agreeing in principle to revise the pay scales of the teachers in the aided schools and also to meet 95 of the net approved expenditure, the Himachal Government has fixed the maximum limit upto which the grant can be paid to various schools.
The list indicates that there were total of 2163 schools in the State of Himachal Pradesh as on March 31,1992, Out of these 2019 were Government schools and 144 were number Government schools.
The balance of the expenditure being met from the Government grant, the net approved expenditure being the total expenditure approved by the Education Department minus the income from the fees, fines, Etc.
The State of Himachal Pradesh framed rules called Grants in Aid Rules the Rules which are incorporated in the Himachal Pradesh Education Code.
20,000 High Higher Secondary Schools having less than 1000 students and classes 1 to X l to XI Rs.
In case of girls schools and schools located in scarcely populated area the Government may, at its discretion authorise payment of grant in aid to the full extent of the difference between approved expenditure and approved income.
The High Court has directed the State of Himachal Pradesh to pay 95 grant in aid with effect from February, 1988.
Rules 45 Q and 45 J which are in companyformity with the recommendations of the Kothari Commission are as under Management shall introduce such scales of pay and allowances for teachers and to other staff members as are prescribed by the Government for companyresponding staff in Government schools, That the income from subscription, endowments and other sources excluding fees suffices to ensure that the management can companytribute at least 5 per cent of the net expenditure from their own funds after the school is aided.
A Division Bench of the High Court allowed the writ petitions.
The service companyditions of the teachers including disciplinary proceedings and award of punishment etc.
3,000 After the introduction of 10 2 system, the limits of maximum grant in aid respect of Senior Secondary Schools, recognised and privately managed, are as under Where the students are less than 1000 Rs.
15,000 High Schools having Classes IX to X Rs.
Kothari Commission, inter alia, recommended that the scales of pay of school teachers working under different managements such as Government, local bodies or private management should be the same.
Respondents, in the appeal herein, are teachers employed in various recognised aided private schools aided schools in the State of Himachal Pradesh, These schools are being maintained by the private management.
10,000 Middle Schools classes VI to VIII Rs.
15,000 Middle Schools classes I to VIII Rs.
The Managing Committees of aided schools are approved by the State Government and two members of the Committee are appointed by the Education Department.
15,000 Higher Secondary Schools having classes VI to X classes, Rs.
They further sought a direction to the State Government to pay grant in aid to meet 95 of the expenditure incurred by the aided schools.
8,000 Primary Schools classes I to V Rs.
The grants as assessed above shall be admissible subject to the maximum amount shown against each category of institutions The Government have laid down the following enhanced maximum limits High Higher Secondary Schools having more than 1000 students and classes 1 to X l to XI Rs.
are governed by the Rules framed by the State Government.
These appeals by way of special leave are against the judgment of the High Court.
The fees levied and companycessions allowed are strictly in accordance with the instructions issued by the Education Department of the State Government from time to time.
The respondents approached the Himachal Pradesh High Court seeking a direction that they are entitled to parity in the matter of salary, allowances etc, with the teachers employed in the Government schools.
1995 1 Suppl.
The adjoining State of Haryana declared, as back as January 1968, that the grades of teachers of privately managed schools would be revised on the pattern of the grades of teachers working in Government schools.
The Central Government appointed Kothari Commission to examine the companyditions of service of teachers with the object of improving the standard of education in the companyntry.
SCR 297 The Judgment of the Court was delivered by KULDIP SINGH, J. The question for companysideration is whether the teachers employed in various recognised aided private schools in the State of Himachal Pradesh are entitled to the pay scales which are being paid to their companynter parts in the Government schools?
Rule 45 Q of the Rules specifically provides that the management shall introduce such scales of pay and allowances for teachers and to other staff members as are prescribed by the Government for companyresponding staff in Government schools.
