V.K. Shukla, J. - (1.) That present writ petition has been filed by the petitioner, Mahendra Singh, claiming himself to be the Headmaster of Janta Uchchatar Madhyamik Vidyalaya Kamelpur District J.P.Nagar for following relief: (i) A writ, order or direction of suitable nature commanding the respondents to declare the Junior High School Section of Janta Uchchatar Madhyamik Vidyalaya Kamelpur District J.P.Nagar as an institution on the grant in aid within the purview of U.P. Junior High School (Payment of Salary to Teachers and Other Employees) Act 1978 with all consequential benefits thereof w.e.f. 01.07.1984 (ii) A writ, order or direction of suitable nature commanding the respondents to disburse the regular monthly salary of members of the staff at the Junior High School Level from Government grant in accordance with the provisions of U.P. Junior High School (Payment of Salary to Teachers and Other Employees) Act 1978 regularly every month and also to disburse arrears arising on such account from 01.07.1984 till date. (iii) Any other writ, order or direction as the petitioner be entitled in law. (III) Costs may be awarded in favour of the petitioner."
(2.) Brief background of the case is that in the district of J.P. Nagar there is recognised educational institution run under the name and style of Janta Uchchatar Madhyamik Vidyalaya Kamelpur. Institution in question was earlier recognised upto the level of Junior High School under the name of Janta Junior High School Kamelpur District J.P.Nagar. Said institution was granted recognition as Junior High School by the orders of Regional Deputy Director of Education, Bareilly region, Bareilly on 11.04.1980. Institution in question was not at all in the grant in aid list of the State Government and was out side the purview of U.P. Junior High School (Payment of Salary to Teachers and Other Employees) Act 1978. It has been stated by the petitioner that applications were invited for according consideration to the institution as a junior High School for being brought in grant in aid and in pursuance thereof petitioner's institution applied for being brought on in grant-in-aid but application was processed at the district level and forwarded for consideration to superior authorities. The said application remained pending with no order whatsoever having been passed thereon and with passage of time, the Committee of Management applied for according recognition as High School and institution in question was granted recognition as High School by the orders of Regional Secretary, Board of High School and Intermediate, Bareilly Region Bareilly on 28.07.1989 and thereafter followed the aforesaid order consequential order of District Inspector of Schools, Moradabad dated 10.08.1989 has been passed granting permission to run class IX from the year 1989 and recognition granted to High School is Vitta Vihin recognition in term of Section 7-AA and Section 7 BB added to the Intermediate Education Act 1921 by means of U.P. Act No. 18 of 1987 w.e.f. 14.10.1986. Petitioner has further contended that various Junior High School have been brought in grant-in-aid list within the scope and ambit of U.P. Act No. 6 of 1979 but as far as petitioner's institution is concerned, same has been left out, as such petitioner's institution is liable to be included.
(3.) Counter affidavit has been filed and thereafter rejoinder affidavit has been filed in the present case and after pleadings mentioned have been exchanged, present writ petition has been taken up for final hearing and disposal with the consent of the parties.;