- (1.) The instant petition has been filed by the Committee of Management of Sri Bhabanand Sanskrit Mahavidyalaya, Azamgar, district Azamgarh under Art. 226 of the Constitution of India for issuance of a writ of mandamus to the respondents, commanding them to place the petitioner in 'Ka' category as provided under the statutes of the Sampuranand Sanskrit Vishwavidyalaya, Varanasi.
(2.) Heard counsel for the parties and perused the affidavits exchanged between the parties. The statute 12.01 of the Sampuranand Sanskrit Vishwavidyalaya, Varanasi is quoted below: "12.01. The affiliated colleges of the University shall be of the following categories : (1) Post graduate Degree Colleges - The affiliated colleges which are recognised for imparting institution for Acharya course and fulfil the following conditions shall be the Post Graduate Colleges of the University, (a) At least 40 students are enrolled for regular study in the college. (b) At least 15 students appear at Shastri and Acharya Examination of the University and not less than 35 per cent of them are successful at the said examinations. (2) Degree Colleges - The affiliated colleges which are recognised for imparting instruction for Shashtri Course and fulfil the following conditions shall be the degree colleges of the University: (a) At least 40 students are enrolled for regular study in the college. (b) At least 60 students appear at Prathama to Shashtri examination of the University and at least 10 students appear at shastri examination of the University and not less than 35 per cent of them are successful at the said examination. (3) Uttara Madhyamik Vidhyalayas - the affiliated colleges which are recognised for imparting institution for Uttara Madhyamik course and fulfil the following conditions shall be the Uttara Madhyamik Vidyalayala of the University. (a) At least 35 students are enrolled for regular study in the college. (b) At least 25 students appear at Prathama to Uttara Madhyama examinations and among them at least 10 students appear at Uttara Madhyama examination of the University and not less than 35 per cent of them are successful at the said examinations. (4) Purva Madhyamik Vidhyalaya - The affiliated colleges which are recognised for imparting instructions for Purva Madhyama Course and fulfil the following condition shall be the Purva Madhyamik Vidyalaya of the University. (a) At least 25 students are enrolled for regular study in the college. (b) At least 15 students appear at Prathama to Purva Madhyama examination and among them at least 5 students appear at Purva Madhyama examination of the University and not less than 35 per cent of them are successful at the said examination."
(3.) The counsel for the petitioner contended that the institution was originally placed in category Gha - when it was established in July, 1972, subsequently by order dated 31/03/1979, the institution was recognised by the State Government as Kha category. Relying upon the provisions of statute 12.01 the petitioner's counsel contended that the institution was entitled in law to be placed in Ka category, so that the teachers and the members of the staff could get better emoluments. The petitioner had submitted a representation to the State Government on 31st July, 1986 for being upgraded in Ka category, but as the State Government did not take any decision in the matter, the petitioner have approached the High Court. In the counter-affidavit filed by the Secretary Education Department, it is contended that since a large number of appointments in the Sanskrit Institutions were made contrary to the sanctioned posts, the State Government passed an order dated 18/07/1984 imposing a ban on the appointments, as the Managers of the Institutions were not paying their share towards the maintenance grant. The State Government by order dated 10-2-87 directed the salary of teachers and other employees of the Government Aided Sanskrit Colleges may be paid under the non plan grant. The salary is being paid under the Head of the account "2202 SAMANYA SHIKSHA-AYOJANETAR-05 BHASHA VIKASH-103- SANSKRIT SHIKSHA-02 SANKRIT PATHSALON KO SAMAYAK ANUDAN - ANSH DAN/RAJYA SAHAYATA".;