VINEET Saran, J. - (1.) By means of Government Order dated 7-9-2006, applications were invited from permanently recognized unaided Junior High Schools for being taken on grant-in-aid of the State Government. The eligibility criteria of the applicants were mentioned in the said Government Order. One such condition enumerated in paragraph 2 (13) was that only institutions imparting education from Classes 6 to 8 would be eligible to apply, meaning thereby that those institutions which were imparting education to classes lower than class 6 or classes higher than Class 8 would not be entitled to apply. Pursuant to the said Government Order, an advertisement was issued by the Directorate of Basic Education on 9-9-2006, inviting applications from eligible institutions, in which also a similar condition was imposed, being condition No. 12.
(2.) AGGRIEVED by the said condition, nine educational institutions have filed this writ petition primarily with the prayer for quashing the condition No. 2 (13) contained in the Government Order dated 7-9-2006, as well as condition No. 12 of the advertisement dated 9-9-2006 issued by the Directorate of Basic Education. A further prayer has also been made for issuing a direction to the respondents to consider the Junior High School section of the petitioner institutions for being brought on grant -in -aid in pursuance of the Government Order dated 7 -9 -2006, ignoring the aforesaid condition. I have heard Sri Ashok Khare, learned senior Counsel assisted by S/sri S. D. Shukla and Manu Singh on behalf of the petitioners, as well as Sri C. B. Yadav, learned Chief Standing Counsel appearing for the respondents. Pleadings have been exchanged and with consent of the learned Counsel for the parties, this writ petition has been heard and is being disposed of at the admission stage. All the petitioner institutions were recognized as Junior High Schools sometime between the years 1983 to 1986. Thereafter, between 1987 to 1989, they were recognized for imparting education up to High School level and subsequently upgraded as Intermediate College in between 1991 and 1999. The admitted fact is that as Junior High Schools, none of the institutions were being granted aid by the State Government. At the time of being up -graded and recognized as High School or Intermediate College, a specific condition imposed by the Board of High School and Intermediate Education was, that for opening and running the new (higher) classes, the institutions would not be given any aid and they would be required to operate the said classes on self - financing basis.
(3.) AT this stage, it may be noticed that the institutions imparting education from classes 1 to 5 are governed by the provisions of U. P. Basic Education Act, 1972 (for short 'act of 1972'); the institutions imparting education from classes 6 to 8 are governed by the provisions of U. P. Recognised Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 (for short 'act of 1978'); and the institutions imparting education from classes 9 to 12 are governed by the provisions of U. P. Intermediate Education Act, 1921 (for short 'act of 1921') and U. P. High School and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short 'act of 1971' ). The provision of recognition of an institution in any new subject or for a higher class on self financing basis was made by an amendment in the Act of 1921 through U. P. Act No. 18 of 1987, which was deemed to have come into force with effect from 14 -10 -1986. By the said amendment, Section 7 -A of the U. P. Intermediate Education Act, 1921 was substituted and a further Section 7 -AA was added to provide for employment of part -time teachers or part -time instructors, the funds for which was to be arranged by the institution from its own sources. The relevant Sections 7 -A and 7 -AA are being quoted below: "7 -A. 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, recognize 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. 7 -AA. Employment of part -time teachers or part -time instructors. - (1) Notwithstanding anything contained in this Act, the management of an institution may, from its own resources, employ - (i) as an interim measure part -time teachers for imparting instructions in any subject or group of subjects or for a higher class for which recognition is given or in any section of an existing class for which permission is granted under Section 7 -A; (ii) part -time instructors to impart instructions in moral education or any trade or craft under socially used productive work or vocational course. (2) No recognition shall be given and no permission shall be granted under Section 7 -A, unless the Committee of Management furnishes such security in cash or by way of Bank guarantee to the Inspector as may be specified by the State Government from time to time. (3) No part -time teacher shall be employed in an institution unless such conditions as may be specified by the State Government by order in this behalf are complied with. (4) No part -time teacher or part -time instructor shall be employed unless he possesses such minimum qualifications as may be prescribed. (5) A part -time teacher or a part -time instructor shall be paid such honorarium as may be fixed by the State Government by general or special order in this behalf. (6) Nothing in this Act shall preclude a person already serving as a teacher in an institution from being employed as a part -time teacher or a part -time instructor under Section 7 -AA. ";