- (1.) D. K. Seth, J, By means of this writ petition, vires of Section 7-AA of the U. P. Intermediate Education Act as Intro duced through U. P. Act No. 18 of 1987 is being challenged. The learned Counsel as sails the validity of the said Section on the ground that it is ultra vires to Article 39 of the Constitution of India inasmuch as it is violative of the principle of equal pay for equal work. He next contends that by reason of introduction of this Section, an unreasonable classification has been sought to be made depriving a group of appointed teachers under Section 7-AA who could not be included within the ambit of U. P. High Schools and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act, 1971 (U. P. Act No. 24 of 1971 ). The classifica tion has made discrimination between the same kind of people in the matter of pay ment of emoluments and other service benefit and had undertaken an exploita tion of educated employed youths.
(2.) THE contention of the learned Counsel for the petitioner, as mentioned above, does not appear to be sound. Inas much as by reason of Section 7-AA, neither any classification has been made nor any discrimination has been at tempted to. Section 7 of the 1921 Act has em powered the Board constituted there under to recognise Institutions for pur pose of its examinations. Section 7-A was introduced in the 1921 Act by UP. Act No. 18 of 1987 providing that notwithstanding the Board's power of recognition en visaged in Section 7 (4), the Board with the prior approval of the State Government may recognise an Institution in any new subject or group of subjects or for a higher class and the Inspector may permit an In stitution to open a new Section in an exist ing class. Section 7-AA has been introduced by the same U. P. Act 18 of 1987 for the purpose of carrying out the provisions of Section 7-A. Without Section 7-AA, it might work out difficulty in the power conferred under Section 7-A. Without Section 7-AA, the recognition granted under Section 7-A shall be a time consum ing affair for implementation by an In stitution. Section 7-AA has not created any right in favour of teachers or other wise. It is only by means of an interim arrangement for implementation of powers that may be exercised under Sec tion 7-A. The management has been authorised to make part time appoint ment.
(3.) IN order to appreciate the situa tion, it is necessary to refer to Section 7 (4) which provides: "7. Power of the Board - Subject to the provisions of this Act, the Board shall have the following powers, namely: (1 ). . . . . . . . . . . . . . (1a ). . . . . . . . . . . . . (2 ). (3 ). (4) To recognize institutions for the purpoes of its examinations. " It is also necessary to refer to Sec tion 7-A which provides as follows: "7-A. Recognition of an institution in any new subject or for a higher class.- Not withstanding anything contained in clause (4) of Section? - (a) the Board may, with the prior approval of the State Government, recognise an institu tion in any new subject or group of subjects or for a higher class; (b) the Inspector may permit an institu tion to open a new section in an existing class. ";