- (1.) S. U. Khan, J. Heard learned Counsel for the parties.
(2.) ACCORDING to the petitioner, it is running a Girls Junior High School by the name of Mahila Udyog Laghu Madhyamik Vidyalay, Rudrapur, Deoria and it has got an attached primary school where education from Class 1 to 5 is imparted. Junior High School Section of the school i. e. Class VI to VIII is on grant in aid list and salary to the teachers teaching these classes is paid by the Government under U. P. Payment of Salary Act, 1978. On 30-5-1992 Director of Education (Basic), Lucknow issued a circular to all the District Basic Shiksha Adhikaris mentioning therein that Government was considering to approve the primary schools attached with Junior High Schools prior to 25-3-1975 under U. P. Payment of Salary Act, 1978. Basic Shiksha Adhikaris were directed to send the information about all such primary schools on the printed proformas after inspection of original documents of the schools. In the said letter, it was also mentioned that earlier also similar information had been sought for but complete details had not been supplied. Copy of the said circular has been supplied during arguments. The said circular was followed by another letter dated 9-7-1992 by the Director to Basic Shiksha Adhikari. In pursuance of the said circulars district Basic Shiksha Adhikari, Deoria sent a printed proforma for information to the petitioner through covering letter dated 23-11-1992. The requisite information was supplied by the petitioner which in turn was sent by Assistant Director of Education (Basic), 7th Division Gorakhpur to Director of Education, Allahabad through letter dated 20- 3-1993, copy of which has been annexed as Annexure 9 to the writ petition. As no orders were being passed, hence, petitioner filed a writ petition bearing No. 2854 of 1996 which was disposed of on 31-7- 1996 with the direction to the Director of Education (Basic) to decide the representation within three weeks. Thereafter, contempt petition was also filed. Ultimately through Annexure 11 dated 6-6-1997, Director (Basic) U. P. Lucknow rejected the representation of the petitioner. The said order has been challenged through this writ petition.
(3.) IN the impugned order, the Director has held that primary Section/school was not attached to the Junior High School. Learned Counsel for the petitioner has mainly placed reliance upon an order of District Basic Shiksha Adhikari, Deoria dated 2- 1-1986 granting permanent recognition to the primary school, copy of the said letter is Annexure 4 to the writ petition. It was also filed before the Director of Education. The very first sentence of the said order is that primary school attached with your school is being granted permanent recognition with effect from July 1985. The primary school was granted temporary recognition on yearly basis since before 1975 till 1985 when permanent recognition was granted. The Director in the impugned order held that the order of District Basic Shiksha Adhikari recognising the attachment of the two schools i. e. primary school and Junior High School was wrong. The Director also mentioned that originally both the schools were granted recognition by different authorities as different institutions. It is not clear that on the basis of what documents or material the said observation was made. If both the schools are being run by the same committee of management and in the same premises, it is very strong circumstance for such attachment of schools. In any case, if the Director was of the opinion that the two schools were not attached then he should have given the detailed reasons for the said purpose. Recognition to primary school and Junior High Schools was granted by Basic Shiksha Adhikari.;