Mahendra Prasad Agarwal Vs Arvind Kumar Singh & Ors. (Supreme Court of India)
The appeal arose from an interim order of the High Court directing listing of a contempt petition for framing of charges. The dispute traces back to lecturers appointed in a private college in 1993. The college had received financial assistance from the State, which ceased following a Government policy dated 21.08.2000 banning financial assistance to non-aided Government colleges. The lecturers approached the High Court seeking sanction of posts and payment of salaries from the Government exchequer.
In 2010, the High Court directed the Director of Education to pass a speaking order. The Director rejected the claim citing the policy ban. This order was quashed in 2013 with a direction to reconsider the claim. Upon reconsideration, the authorities reiterated that the appointments were under a self-financed scheme after the 2000 policy and salaries were being paid by the management from its own sources. The claim for creation of posts and payment of regular salaries was rejected again.
A third writ petition resulted in the High Court quashing the order dated 01.07.2013 and remitting the matter to the Principal Secretary for fresh consideration. Meanwhile, contempt proceedings were initiated alleging non-compliance. During the pendency of contempt proceedings, the authorities again rejected the claim through a fresh order dated 13.12.2023 and subsequently through a detailed order dated 09.05.2025, reiterating that the posts were under the self-financed scheme and that the college’s case was distinct from other institutions receiving grant-in-aid. The High Court, however, continued directing affidavits and eventually listed the contempt case for framing charges.
