Devi Prasad Singh, J. - (1.) HEARD the learned counsel for the petitioner and Shri S. B. Pandey, for opposite party No. 2 as well as Shri M. P. Singh, learned standing counsel for opposite parties Nos. 1 and 3.
(2.) THE present writ petition has been filed under Article 226 of the Constitution of India against the impugned order, by which the grant-in-aid has been denied to the petitioner-Committee of Management on the ground that the college has been upgraded up to High School and thereafter Intermediate. S.V.M. High School Deen Dayal Vidya Mandir Barabanki was initially established in the year 1980-81. The Deputy Director of Education IXth Region, Faizabad by the order dated 2.7.1982 had accorded recognition to the School in question as Junior High School with effect from 1.7.1981. Thereafter college was upgraded to High School in the year 1983 and up to Intermediate in 1997, in pursuant to the provision contained under U. P. Intermediate Education Act and Regulation framed thereunder. According to the provision contained in Section 7A of the U. P. Intermediate Education Act it was duty of the Committee of Management to pay salary to the teachers who are imparting education in the High School as well as Intermediate, for convenience Section 7A is reproduced hereunder : "7A. Recognition of an institution in any new subject or for a higher class notwithstanding anything contained in clause (4) of Section 7 : (a) the Board may, with the prior approval of the State Government, recognise an institution in any new subject or group of subjects or for a higher class ; (b) the Inspector may permit an Institution to open a new section in an existing class." The petitioner Committee of Management had represented the State Government to provide grant-in-aid to its Institution, when it was imparting education up to Junior High School. The payment of salary to the teachers and staff of the junior High School is governed by the U. P Junior High School Payment of Salaries to the Teachers and other Employees Act, 1978 (in short hereinafter referred to as the Act of 1978). By Government order dated 28.2.1998 filed as Annexure-10 to the writ petition, a detailed guideline has been given to provide grant-in-aid to the teachers and staff of the Junior High School. Another Government order dated 7th August, 1998 filed as Annexure-14 to the writ petition provides that the Junior High School who are receiving grant-in-aid under Payment of Salaries Act will continue to get the said benefit even if they are upgraded to impart education up to High School and Intermediate classes. The facility will continue till the college receive grant-in-aid in accordance with the relevant provision contained in U. P. Intermediate Education Act and Regulations framed thereunder. Once College or School receives grant-in-aid after up-gradation in accordance with the Intermediate Education Act and Regulation framed thereunder read with U. P. High School and Intermediate Colleges (Payment of Salaries to the Teachers and other Employees) Act, 1971, (in short hereinafter referred to as the 'Act 1971') then grant-in-aid under the Act of 1978 shall be stopped.
(3.) LEARNED counsel for the petitioner further submits that according to the letter dated 13.11.2001 sent by D.I.O.S. to the petitioner Committee of Management filed as Annexure-No. R.A. 1 to the rejoinder, the School in question up to Junior High School is still managed under the U. P. Recognised Basic School (Junior High School Recruitment and Condition of Service of Teacher) Rules, 1978. Learned counsel for the petitioner submits that the impugned order dated 13.7.1999 passed by the Director of Education (Basic) as well as the order dated 18.8.1999 passed by the Secretary (Basic) filed as Annexure-15 does not sustain in law. Only reason indicated in the impugned order denying the facility of grant in aid is that the College in question has been upgraded to High School in the year 1983 and up to Intermediate in the year 1997.;