Yashwant Varma, J. - (1.) Heard Sri Devendra Pratap Singh, Sri Ashok Pandey and Sri Girjesh Tiwari for the petitioners. Sri M.C. Chaturvedi learned Additional Advocate General assisted by Sri Bipin Behari Pandey, the learned Chief Standing Counsel, Sri Rajeshwar Tripathi and Sri I.S. Tomar leraned Additional Chief Standing Counsels appeared for the State A. INTRODUCTION
(2.) In Paripurnanand Tripathi Vs. State of U.P. And Others, 2015 3 ADJ 567 a Division Bench of this Court noticing the insertion of Article 21A in our Constitution by virtue of the Constitution (Eighty Sixth Amendment) Act, 2002 mandating the State to provide free and compulsory education to all children of the ages 6 to 14 years and the Right to Free and Compulsory Education Act, 2009 (RTE Act) held that private institutions which were engaged in imparting primary education were performing and sharing an essential obligation of the State. It held that a consequential duty stood placed on the State Government not only to provide grant in aid to such institutions but also make provision for requisite infrastructure being created in the field of primary education subject to reasonable conditions. The Division Bench noticed that the quality of education at the primary level is inextricably linked with the issue of trained and competent teachers. It took judicial notice of the fact that teachers in private unaided institutions were being forced to work in pitiable conditions. It consequently called upon the State to reconsider its policy of 1989 in respect of grant in aid to unaided institutions bearing in mind the constitutional mandate coupled with the provisions of the RTE Act. Following that decision, a learned Judge of the Court in Gram Vikas Sewa Samiti and Others Vs. Union of India And Others, (Writ -C No. 62182 of 2015 decided on 5 November 2015) proceeded to consider a challenge against the State refusing grant in aid to a Junior Basic School. Noticing the decision rendered in Paripurnanand Tripathi, the learned Judge disposed of the petition requiring the State to ensure compliance with the directions issued in that decision and frame a policy in relation to extending aid to unaided institutions in light of Article 21A and the RTE Act.
(3.) Pursuant to the decision rendered in Paripurnanand Tripathi, the State formulated a policy with respect to aid to primary educational institutions attached to non-government aided secondary institutions. The policy decision stands embodied in the Government Order dated 27 October 2016. Similarly and pursuant to the directions issued in Gram Vikas Sewa Samiti, the State passed individual orders relating to various educational institutions seeking aid in terms of orders dated 13 July 2017. It is these two orders passed by the State Government that are assailed in this batch of writ petitions.;