- (1.) Heard Mr. Sanjay Bhasin, learned Additional Chief Standing Counsel for the appellants as well as Dr. L.P. Mishra, learned Senior Advocate assisted by Mr. Ramesh Pandey, learned counsel for the respondents.
(2.) In this appeal the validity of order dated 28.04.2008 passed by learned Single Judge in writ petition No.1509 (M/S) of 1999 and order dated 19.05.2011 passed by learned Single Judge in writ petition No. 3219 (MS) of 2010 respectively have been challenged. By means of order impugned the learned Single Judge allowed the writ petition and issued direction to the respondents/appellants to take the petitioners/respondent's institution in the list of grant-in-aid by 30 June 2008 failing which the Principal Secretary Finance as well as Principal Secretary Higher Education was directed to appear in person on 30 June 2008. The aforesaid direction of learned Single Judge is based on the backbone of the following observations. "Having considered the submission made by learned counsel for the parties, I am of the view 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 whim 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. Appointment of qualified and efficient teachers is a sine qua non for maintaining high Standards of teaching in any educational institution. The Government cannot shirk from its responsibility of providing primary and secondary education and grant-in-aid to private schools for efficient functioning of schools and maintaining standards of teaching. The Government's difficulty in bearing additional financial burden cannot be accepted as a valid ground for denying the pay parity."
(3.) The learned Additional Chief Standing Counsel Mr. Sanjay Bhasin has urged that the learned Single Judge has committed manifest error of law in holding that Chaudhary Charan Singh Degree College, Heowra, District Etawah was established in 1998 and was granted affiliation after the respondents College, but it was taken in the list of grant-in-aid, whereas the correct fact is that Chaudhary Charan Singh Degree College was started w.e.f. 1 July 1983, whereas the respondents college was started w.e.f. 1 July 1990 with temporary affiliation. Chaudhary Charan Singh Degree College was also granted permanent affiliation before the respondents college and it was taken grant-in-aid list on 03.10.1994.;