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2026 DAILYLAW 16701 (JHR)

JHARKHAND INTER COLLEGE TEACHER ASSOCIATION THROUGH ITS SECRETARY SUNIL KUMAR SINHA v. THE STATE OF JHARKHAND THROUGH THE PR SECRETARY SCHOOL EDUCATION AND LITERACY DEPTT

WPC/6340/2019 · 2026-06-15

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:17344 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6340 of 2019 ------ Jharkhand Inter College Teacher Association, through its Secretary Sunil Kumar Sinha, son of late Kusheshwar Prasad, resident of Road No.3, Kusum Vihar, Morahabadi, P.O. Ranchi University, P.S. Bariatu, District Ranchi, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand, through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 2. Secretary, Planning-cum-Finance Department, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 3. Director, Secondary Education, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 4. Dy. Director, Secondary Education, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 5. Secretary, Registration Department, Government of Jharkhand, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 6. Jharkhand Academic Council, through its Secretary, having its office at Gyandeep Campus, JAC Road, Namkum, Bargawan, Jharkhand. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Shresth Gautam, Advocate Mr. Padmanav Shahdeo, Advocate For the Respondent(s) : Mrs. Richa Sanchita, Advocate Mr. Vidhan Kr. Singh, Advocate ------ 10/ 15.06.2026 By filing this writ petition, the petitioner has prayed for the following reliefs:- "a. For issuance of an appropriate writ(s)/order(s)/or direction(s) particularly a writ in the nature of certiorari for quashing the part of the Minutes of meeting particularly Clause no. (iii), (vii), (xvi) and (xvii) dated 06.03.2019 at Annexure-4 as the same is de hors the provisions of Jharkhand State 2026:JHHC:17344 2 Unaided Educational Institution (Grant) Rules, 2004 and also the parent Act. And / or b. Declaring the acts and actions of the respondents to implement such terms and condition mentioned above for grant of recurring aid is against the terms of the rules and is arbitrary and unjust. And / or c. During the pendency of the present writ application of the parts of the impugned notification be kept at abeyance." 2. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 3. The petitioner is challenging the impugned order, by which according to them the State is not paying Grant to the Schools where the teachers are employed. 4. Learned counsel representing the petitioner submits that by changing the Rules, the Grants are not being disbursed. He submits that change of the Rule is absolutely illegal. 5. Admittedly, the petitioner is an Association of Inter College Teachers. Whether the College / Institution is provided with the Grant or not, is a subject matter and dispute between the Educational Institution and the Government. The petitioner - Association cannot be said to be aggrieved. Even if the Grants are not paid, it is the duty of the employer to pay salary of the Teachers. It is the case of the petitioner-Association that the Teachers are not being paid their salary, thus, the petitioner - Association cannot be said to be aggrieved for non-payment of Grant. Further, I find that if the Teachers have not been paid their salary, they can raise their 2026:JHHC:17344 3 dispute before the Jharkhand Educational Tribunal (JET), as payment of salary to the Teachers who are employees of each Schools, is not dependent upon the Grant paid by the State. Once a Teacher is engaged / appointed, it is the Institution who has to take care of salary of the Teachers and ensure that the same is paid. 6. With the aforesaid observation and liberty to the petitioner - Association to approach the Jharkhand Educational Tribunal, this writ petition stands disposed of. 7. The question of legality of the Rules / Minutes of Meetings, will be considered in an appropriate writ petition, if at all challenged by any of the Institution / any member of the Institution, which are directly aggrieved by the said order. (ANANDA SEN, J.) 15th June, 2026 Prashant. Cp-2 Uploaded on 17.06.2026