- (1.) VINEET Saran, J. Heard Sri Shishir Kumar, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the respondents and perused the record.
(2.) THIS writ petition has been filed with a prayer for a direction the respondents to treat the Primary Section attached to Mahila Seva Sadan Inter College, Bairaha, Allahabad in the grant-in-aid list of the State Government and the teachers and other staff members of the primary Section of the aforesaid college may also be paid salary under the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1991 (hereinafter referred to as the Payment of Salaries Act, 1991 ). The facts in brief are that Mahila Seva Sadan Inter College, Bairaha, Allahabad (hereinafter referred to as the institution) is a recognized and aided institution but, however, the primary section of the said institution is not included in the grant-in-aid list although it is duly recognized by the State Government. The contention of the petitioner is that since all the provisions of the U. P. Intermediate Education Act, 1921 apply to the entire College, including its primary section, there is no reason that payment of salary to the teachers and staff of the college is only made for Class VI to Class XII by the State Government leaving out the teachers and other staff members of the primary section which is from Class I to Class V. The petitioner has submitted that it has been agitating this matter for inclusion of the primary section of the institution in question in the grant-in-aid list of the State Government and in that process the Regional Inspectress of Girls Schools as well as the District Inspector of Schools have submitted their reports to the Director of Education (Madhyamik) stating therein that the conditions required for bringing the primary section of the institution in question under the grant-in-aid list have been fulfilled by the institution. Learned counsel for the petitioner has relied upon the report/recommendation of the Director of Education dated 18-11-1998 in support of such contention, which has been filed as Annexure-9 to the writ petition. A perusal of the said report goes to show that besides the teachers and other staff of the primary section of the institution, the salary of teachers and other staff members are paid by the State Government under the Payment of Salaries Act, 1971. It has also been admitted that the administration of the entire college is one and the primary section is run in the same premises as the junior high school, high school and intermediate section. The Principal and the Management of the entire college is one and the students of Class V are automatically promoted to class VI of the college. It is also noted in the said report of the Director of Education that there are 12 teachers in the primary section of the institution and the said institution is also recognized since prior to 21-6-1972. It has been mentioned that it appears that by some mistake or over-sight the primary section of this institution was not brought under the grant-in-aid list by the Government Order dated 6-8-1989 although it fulfilled all such conditions. In fact the Director of Education recommended the case that the primary section of the institution in question should be included under the grant-in-aid list of the State Government but since the same would involve financial implications, thus the matter could only be decided by the State Government, and hence it was left to the State Government to take appropriate decision in the matter. It has also been submitted that although the said report has been submitted on 18-11-1998 but the State Government has yet not taken any decision with regard to the inclusion of the primary section of the institution in question under the grant-in-aid list. Learned Standing Counsel appearing on behalf of the respondents has submitted that before bringing the primary section of an institution under the grant-in-aid list, the institution has to comply with certain standards and observe certain formalities which, in the present case, according to the learned Standing Counsel, have not been fulfilled and thus the decision of bringing the primary section of the institution in question under the grant-in-aid list has not been taken by the State Government.
(3.) THE Apex Court in the case of THE Chandigarh Administration and others v. Mrs. Rajni Vali and others, JT 2000 (1) SC 159, while dealing with the question of bringing the institution under the grant-in-aid scheme of the State Government, has observed that "the position has to be accepted as well-settled that imparting primary and secondary education to students is the bounden duty of the State Administration. It is a constitutional mandate that the State shall ensure proper education to the students on whom the future of the society depends. In line with this principle, the State has enacted Statutes and framed Rules and Regulations to control/regulate establishment and running of private schools at different levels. THE State Government provides grant-in-aid to private schools with a view to ensure smooth running of the institution and to ensure that the standard of teaching does not suffer on account of paucity of funds. It needs no emphasis that appointment of qualified and efficient teachers is a sine qua non for maintaining high standard of teaching in an educational institution. " In the present case since, according to the petitioner, all the requisite conditions have been fulfilled for the primary section of the institution for being brought under the grant-in-aid list of the State Government and the matter has already been referred by the Director of Education vide report dated 18-11-1998 and is already pending before the State Government, it is directed that the Secretary, Department of Education (Madhyamik), Anubhag-3, Government of U. P. Lucknow, Respondent No. 1, shall consider the case of the Primary Section of the Institution in question for being brought under the grant-in-aid scheme of the State Government after considering the report of the Director of Education (Madhyamik) dated 18-11-1998 and also other reports which have been submitted in this regard by the Regional Inspectress of Girls School and the District Inspector of Schools, Allahabad from time to time and also considering the representation which the petitioner may file along with the certified copy of this order. The said decision shall be taken by the Secretary, Department of Education (Madhyamik), Anubhag-3, Government of U. P. , Lucknow, either himself or through any other competent officer duly authorized by him, in accordance with law, expeditiously but not later than three months from the date of filing of a certified copy of this order along with a comprehensive representation which may be filed by the petitioner before him, after making all necessary enquiries and also the observations made by the Apex Court in The Chandigarh Administration case (supra ). With the aforesaid observations/directions this writ petition is disposed of. No order as to cost. Petition disposed of. .;