R.M.SAHAI, J. - (1.) AN important question regarding applicability of Section 10 of the Uttar Pradesh Act 24 of 1971 (The Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act 1971) as amended by U. P. Act 26 of 1975 (hereinafter referred as the Act) to an institution upgraded as High School from Junior High School arises in this petition, filed by teacher and employees of a Higher Secondary School at Allahabad. The controversy centres round the meaning of the words institution and maintenance grant as defined in the Act.
(2.) BEFORE considering the impact of submissions made at the Bar we may point out that a scrutiny of the various provisions of the Act clearly brings out it to be a beneficent legislation aimed at protecting the teachers and employees of the Government aided institutions which had in course of time deteriorated and acquired the notoriety of drifting from the philanthropic objective of education to concentration on exploitation of helpless teachers and employees who had to choose between starvation and exploitation. Section 3 (1) ensures payment of salary by twentieth of each month. Section 3 (3) empowers District Inspector of Schools to make payment in default. Section 5 lays down the procedure for deposit of money by the management in a Scheduled Bank to be operated jointly by the representative of the management and the Inspector. Section 6 deals with enforcement of the provisions and directions by the Inspector. And the most vital provision is contained in S. 10 which makes State Government liable for payment of salary of teachers and employees of every institution due in respect of any period after 31st March 1971. By forcing the management to deposit a minimum of eighty percent of fees realised from students and making State Govt. liable for payment of salaries the Act has, on the one hand safeguarded against the unscrupulous tendency, if any, of the management and, on the other hand saved the teachers from plight of being exposed to exploitation. Such a legislation has to be interpreted liberally and its provisions have to be construed in favour of the subject for whose protection it is enacted. Admittedly Lau Kush Higher Secondary School was a Junior High School (Class VIth to VIIIth), till 1966. It was accorded recognition by the Board in 1967 under S. 7 (4) of U. P. Intermediate Education Act, (hereinafter referred as U. P. 1 Act). The effect of the recognition was that the Junior High School became Higher Secondary School and a recognised institution within the meaning of S. 2 (b) of the U. P. 1 Act.
(3.) AS the affairs of the School were not in proper state an authorised Controller was appointed in 1971. A dispute arose in 1974 regarding payment of salary which, according to petitioners, was settled after the teachers and employees resorted to hunger strike. The dispute, again arose in 1976 when the Authorised Controller expressed his inability as the institution was not on grants-in-aid list.;