Altamas Kabir, J. - (1.) The respondent-institutions were recognized as Junior High Schools between the years 1983 and 1986. Thereafter, between 1987 and 1989, they were granted recognition for imparting education at the High School level and were subsequently upgraded as Intermediate Colleges between 1991 and 1999. It appears that as Junior High Schools which were granted recognition after 30th June, 1984, none of the respondent-institutions were covered by the grant-in-aid scheme of the State Government to Junior High Schools and at the time of their upgradation as High Schools or Intermediate Colleges, one of the conditions imposed by the Board of High School and Intermediate Education was that for opening and running the new (higher) classes, the institutions would have to operate the same on a self-financing basis and would not be provided with any aid by the State Government. There is no dispute that the institutions imparting education from classes 1 to 5 are governed by the provisions of the U.P. Basic Education Act, 1972 (hereinafter referred to as "the 1972 Act"); institutions imparting education from classes 6 to 8 are governed by the provisions of the U.P. Recognized Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978, (hereinafter referred to as "the 1978 Act"); and institutions imparting education from classes 9 to 12 are governed by the provisions of the U.P. Intermediate Education Act, 1921, (hereinafter referred to as "the 1921 Act") and also the U.P. High Schools and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act, 1971, (hereinafter referred to as "the 1971 Act").
(2.) The provision for grant of recognition to an institution in respect of any new subject or for a higher class on a self-financing basis was introduced into the 1921 Act, which came into effect from 14th October, 1986. By virtue of the said amendment, Section 7-A of the 1921 Act stood substituted and Section 7-AA was inserted into the parent Act to provide for employment of part-time teachers and part-time instructors and the funds therefor were to be arranged by the institution from its own sources.
(3.) As mentioned hereinbefore, when the respondent-institutions were granted recognition as Junior High Schools, they were not brought within the grant-in-aid Scheme framed by the State Government, inasmuch as, the cut off date for receiving such grant was fixed as 30th June, 1984 on the basis of seniority prepared in respect of eligible institutions. Not having received recognition prior to 30th June, 1984, the respondent-institutions did not get the benefit of grant-in-aid for the Junior High School Section. The said institutions thereafter applied for upgradation to High School and Intermediate levels, which was allowed as per the provisions of the Intermediate Education Act, 1921, but subject to the condition that new and higher upgraded classes would be run on a self-financing basis.;