Madhya Pradesh High Court
Administrative and Public LawEducation Law

Grant-in-aid cannot be stopped solely because other schools operate nearby.

Arvind Kumar Gupta vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: September 28, 20262 MIN READSOURCE JUDGMENT
Grant-in-aid cannot be stopped solely because other schools operate nearby.. Arvind Kumar Gupta vs The State Of Madhya Pradesh. Madhya Pradesh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners filed a writ petition under Article 226 challenging the order dated 26 May 2025, which stopped grant-in-aid to the institution in which they served.

Source reference: para. 1

They submitted that the controversy had already been decided in Munnalal and Others v. State of M.P. and Others, W.P. No. 5963/2026, decided on 16 September 2026.

Source reference: para. 2

The State was unable to distinguish the present case from Munnalal.

Source reference: para. 3

After considering that decision, the Court disposed of this petition on the same terms, applying its directions mutatis mutandis.

Source reference: paras. 5–6
02

Issues

Whether the order dated 26 May 2025 stopping grant-in-aid could stand in light of the Court’s decision in Munnalal.

Source reference: paras. 2–6

Whether the petitioners were entitled to salary for any period during which they had actually worked.

Source reference: para. 7
03

Law Applied

Article 226 empowers the High Court to grant relief where an administrative order is legally flawed. Rule 16(A) of the Grant-in-Aid Rules, 1985 permits the grant-in-aid authority to stop or reduce grant, or order recovery, where an aided institution fails to satisfy the authority regarding compliance with the Rules; the authority must first give notice specifying the defect and an opportunity to remedy it.

Source reference: para. 5, quoting Munnalal, paras. 15–16

As applied in Munnalal, the mere existence of other schools nearby was not a ground under the 1985 Rules for stopping grant-in-aid, and a fresh decision required proper notice and an opportunity of hearing.

Source reference: para. 5, quoting Munnalal, paras. 17–20
04

Reasoning

The State did not distinguish the facts from those in Munnalal, where the Court had held that grant-in-aid could not be stopped on a ground outside the 1985 Rules and had required the Collector to issue proper notice, consider the institution’s response and documents, and pass a fresh order after hearing it.

Source reference: paras. 3, 5

The Court therefore applied the Munnalal directions mutatis mutandis to the present petition.

Source reference: para. 6

It separately directed payment of salary for any period in which the petitioners had actually worked.

Source reference: para. 7
05

Holding

The petition was disposed of on the same terms and conditions as Munnalal, with its directions applying mutatis mutandis.

The respondents were directed to pay the petitioners’ salary if they had actually worked during the relevant period.

Source reference: para. 7

Pending interlocutory applications, if any, were also disposed of.

Source reference: para. 8
Madhya Pradesh High Court

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Arvind Kumar GuptavsThe State Of Madhya Pradesh

Madhya Pradesh High Court · September 28, 2026

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