- (1.) Impugning the order dated 16.5.2014 (annexure 14 to the writ petition) which is an office order issued by the Secretary Education, Anubhag (6) Uttar Pradesh Government, Lucknow, the petitioners have prayed for a direction commanding respondent no. 1 to include the institution Shri Shiv Prakash Singh Laghu Madhyamik Vidhayalaya, Nagaon Sonebhadra in the grant in aid list and to pay salary of its teachers and other employees from the State fund. A registered society is running the aforesaid institution for imparting education upto the level of Junior High School ie. class 5 to 8. The institution was granted permanent recognition vide order dated 24th July 1986 under the U.P. Basic Education Act, 1972.
(2.) The State of U.P. took a decision vide G.O. dated 7th September 2006 to bring about 1,000 permanently recognised un-aided junior High Schools on the grant in aid list subject to fulfilment of certain conditions as was laid down in the Government Order dated 31st August, 1992. In pursuance of the above Government Order as many as 800 junior High Schools were put on grant in aid list but the institution in question was left out despite the fact that it fulfilled all the criteria laid down in the aforesaid G.O., probably for the reason that it was upgraded to the level of High School disqualifying it under clause 2 (13) of the G.O.
(3.) The petitioners challenged the action of the respondents in excluding the institution from the grant in aid list by filing writ petition no. 60791 of 2009. It was allowed on 30.4.2009 observing that there is no up-gradation of the institution in question as the High School run by the society is a different institution and clause 2 (13) of the G.O. dated 7.9.2006 has no application. Accordingly, directions were issued to consider the application of the institution for receiving grant in aid in terms of the G.O. dated 7.9.2006 expeditiously preferably within a period of four months from the date of production of the copy of the order. In terms of the above directions of the Court, the matter was reconsidered by the respondent no. 1 and again on the same reasoning that the institution has been raised to the level of High School and is not eligible for receiving grant in aid in view of clause 2 (13) of the G.O. dated 7.9.2006 the claim as set up by the institution was rejected. This order was challenged by the petitioners by filing writ petition no. 54601 of 2009 . The writ petition was allowed by the judgment and order dated 14.7.2010 holding that clause 2 (13) of the G.O. dated 7.9.2006 has been set aside by the High Court vide judgement and order in the case of Committee of Management Mata Tapeshwari Saraswati Vidya Mandir Uchchattar Madhyamic Vidhayalaya Ghazipur and six others Vs. State of U.P. and others, 2007 1 ADJ 443 and that the Special Appeal as well as the Special Leave Petition to the Supreme Court against the same have also been dismissed. The Court therefore directed respondent no. 1 to reconsider the matter of bringing the institution on the grant in aid list afresh. Respondent no. 1 in furtherance of the above directions vide office order dated 1.10.2010 rejected the claim of the institution but this time on a different ground that the appointments of some of the teachers/staff at the institution are not in accordance with the Regulations1 and as such the institution does not fulfil the condition of clause 2 (6) of the G.O. dated 7.9.2006.;