Ajay Bhanot, J. - (1.) Introduction 1. The writ petitions in this bunch have been instituted by various schools and school managements. One set of writ petitions pray for grant of government aid. The second set of petitions pray for grant of recognition to the schools from the U.P. Basic Shiksha Parishad (U.P. Board of Primary Education). Submissions of the counsels
(2.) The learned counsels for the petitioners submit that the petitioners claim the reliefs in the writ petitions by virtue of the rights conferred by Article 21A of the Constitution of India read with the Right of Children to Free and Compulsory Education Act, 2009, the Rules framed thereunder and the judgement of the Hon'ble Supreme Court in the case of State of U.P. v. Pawan Kumar Dwivedi, 2014 9 SCC 692 and the judgment of this Court in Paripurna Nand Tripathi Vs. State of U.P., 2015 3 ADJ 567. Learned counsels for the petitioners also pressed the Government Order dated 08.05.2013 and the Government Order dated 11.01.2019 in aid of their claims. Some counsels admit the schools lack playgrounds. But the requirement for playgrounds has been waived in the Government Order dated 08.05.2013. The need to have a playground in the school premises is optional in the Government Order dated 11.01.2019. As per the Government Order dated 11.01.2019 the playground need not be in the name of the school, nor is it required to be in the school premises. It is contended that the petitioners satisfy the criteria for affiliation and grant of aid posited by the Government Order dated 08.05.2013 and the Government Order dated 11.01.2019. Grant of government aid and recognition respectively, on the foot of the Government Order dated 08.05.2013 and Government Order dated 11.01.2019 as are applicable to the respective cases.
(3.) Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar, learned Additional Chief Standing Counsel for the respondent-State would contend that the rights of the institutions are governed and regulated by the the Right of Children to Free and Compulsory Education Act, 2009 read with The Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011. They further submit that the Government Orders dated 08.05.2013 and 19.01.2013 prescribe the mandatory criteria which need to be satisfied before the institutions can claim government aid or demand recognition.;