- (1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri A.P. Srivastava, learned Counsel for the petitioners, learned Standing Counsel for the State-respondents, Sri V.B. Tiwari, learned Counsel for respondents No. 1, 2 and 3 and Sri K. Sahi for respondent No. 5. The petitioners who are fourteen in numbers claim to be teachers and non-teaching staff in a primary school by the name of Sanatan Dharma Vidyalaya situate in Kanpur Nagar. They are aggrieved by the order dated 7.10.2005 passed by the State Government (Respondent No. 4) whereby the request for bringing the primary school under grant-in-aid list of the State Government has been refused.
(2.) Learned Counsel for the petitioner has submitted that Sanatan Dharma Vidyalaya was a primary school established prior to 1917 and it was given recognition by the Superintendent of Education Committee, Kanpur Nagar on 4.4.1938. According to him the Sanatan Dharma Vidyalaya (Primary School) was being run by the respondent No. 2 namely Shree Brahma Varta Sanatan Dharma Mahamandal and subsequently High School and Intermediate College was opened which was brought in grant-in-aid list of the State Government. Sri Khare has submitted that the respondent No. 3 Sanatan Dharma Vidyalaya (Primary School) is, therefore, a part and parcel of the High School and Intermediate College which is recognized and aided namely B.N.S.D. Inter College (Respondent No. 1). That being the circumstance the impugned order is clearly illegal and primary school Sanatan Dharma Vidyalaya was required to be brought in grant-in-aid list of the State Government.
(3.) Learned Counsel for the respondents No. 1, 2 and 3 i.e., the B.N.S.D. Inter College, Shree Brahma Varta Sanatan Dharma Mahamandal and Sanatan Dharma Vidyalaya (Primary School) have contested the submission made by the petitioners and stated that Sanatan Dharma Vidyalaya (Primary School) is being run by the society namely Shree Brahma Varta Sanatan Dharma Mahamandal (Respondent No. 2) and that the primary school is not registered under the Societies Registration Act which is being run by the Shree Brahma Varta Sanatan Dharma Mahamandal as an independent institution and, therefore, it cannot be said that the same is part and parcel of the High School and Intermediate level B.N.S.D. Inter College. The management of the parent society (Respondent No. 2) has, therefore, denied that the primary school (Respondent No. 3) is in any manner associated with the High School and Intermediate B.N.S.D. Inter College and, therefore, they support the impugned order passed by the State Government by saying that even if the primary school (Respondent No. 3) was given recognition by the Nagar Palika, Kanpur Nagar as far back as in 1938, the said recognition could not enable the primary school to claim grant-in-aid from the State Government. Sri K. Sahi, learned Counsel for respondent No. 5 has also supported the case taken by the respondents No. 1, 2 and 3 and has stated in the counter-affidavit that the primary school is not attached to the B.N.S.D. Inter College and as such if it is not attached with the college it is not entitled to be given grant-in-aid from the State Government by virtue of 1989 Government Order.;