Patna High Court Stops Grant-in-Aid Of 609 Madrasas In Bihar Till Completion Of Enquiry On Entitlement, Questions Govt On Delay

The Patna High Court on Tuesday directed the Bihar Government to halt the release of grant-in-aid in favour of 609 Madrasas until the pending enquiry on their entitlement and compliance of statutory provisions is not concluded.

The division bench of Chief Justice Sanjay Karol and Justice Partha Sarthy further ordered that the enquiry shall be completed within four weeks from the date of the order. The court also directed the State to clarify whether all the 2459 registered Madrasas have the requisite infrastructure and fulfil the criteria stipulated under law. 

The court passed the directions in a matter alleging that certain educational institutions falling within the ambit and scope of Section 2(c) of the Bihar State Madarsa Education Board Act, 1981 were granted financial aid in terms of the Government Resolution No. 1090 dated 29.11.1980, on the basis of a forged communication dated 16.12.2013.

The Special Director, Secondary Education, Education Department, Government of Bihar in July 2020 had told the court that the letter dated 16.12.2013 leading to the grant of aid by the Government was forged. The officer had also recommended the withdrawal of the grant-in-aid qua 88 educational institutions of Sitamarhi district.

On the basis of subsequent orders passed by the High Court, a three member committee was constituted by the state government for verifying the factual status of all such 609 educational institutions situated in other districts of Bihar, which are in receipt of grants-in-aid.

However, the court noted that the State government has not put on record the findings of the enquiry conducted by the district-level committees.

“It is stated that the Additional Chief Secretary, Education Department, Government of Bihar has sent reminders to the District Magistrate(s), but then this is no explanation for not getting the enquiry completed within a time-bound period, more so when the Government itself, way back in the year 2020 cancelled the grant in relation to at least 88 educational institutions and that too in district Sitamarhi alone," the court said. 

The court also said that though the FIR also stand registered, the outcome is not known. 

"Why no action was taken against the erring officers/officials, who, at the first instance, without verifying the factual matrix allowed public money to be released/disbursed by way of a grant, at least to 88 such educational institutions remains unexplained," it said.

The court directed the Additional Chief Secretary, Education Department to convene a meeting of all the Chairmen of the Three Member Committees and ensure completion of enquiry on expeditious basis and not later than four weeks.

“Till such time individual enquiry with respect to entitlement and compliance of statutory provisions of law and Government resolutions is not concluded, the amount by way of grants-in-aid shall not be released in favour of 609 educational institutions," it added.

The court also said that the pendency of the cases shall not come in the way of the authorities taking appropriate action in accordance with law, be it of cancelling the registration of the educational institutions; stopping the grant or initiating disciplinary proceedings against erring officers.

However, the court also directed that no child shall suffer only as a result of closure of such educational institutions, be it on account of non-release of grants-in-aid or non-compliance of the statutory provisions.

“Every child upto a particular age has a constitutional and statutory right of being educated. Hence, it shall be ensured that with the closure of any institution, education of the children is not affected and that they are admitted in any government or other educational institution closer to the place of residence of the child," it said.

The court also directed the Director General of Police, Bihar to ensure investigation in relation to the F.I.R. already registered is expedited and the latest status report is placed on record through his personal affidavit within next two weeks.

Expressing hope that the government will expedite action in the petition, the court said perhaps a detailed allegation is also needed in the allegations by a high level committee in respect of  more than 2459 educational institutions which are registered under the Madarsa Act. 

"Additional Chief Secretary, Education Department, Government of Bihar shall file his personal affidavit indicating whether these educational institutions are fulfilling the criteria; have requisite infrastructure as stipulated under law and more specifically under the Madarsa Act and the regulations framed thereunder and the remedial action, if required, taken or not. He shall file his personal affidavit indicating the steps taken within next two weeks," said the bench.

It listed the matter for hearing on February 14. 

Case Title: Md. Alauddin Bismil v. The State of Bihar and Ors.

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