Court No. - 18
Case :- WRIT - A No. - 3019 of 2019 Petitioner :- C/M Shri Jawahar Junior High School, Bijnor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- C.S.C.,Prem Prakash Yadav
Hon'ble Prakash Padia,J.
Learned counsel for the petitioner is permitted to make necessary amendments in the array of the parties during the course of the day.
Heard Sri Gokaran Singh, learned counsel for the petitioners, learned Standing Counsel accepted notice on behalf of respondent Nos.1 and 2 and Sri Prem Prakash Yadav, learned counsel put his appearance on behalf of respondent Nos.3 and 4.
It is admitted by counsel for the parties that the controversy involved in the present writ petition is identical as has been decided by this Court in Writ A No.487 of 2019 Committee of Management Ravidas Balika Prathamik Vidhyalaya and 2 Others Vs. State of U.P. and two others decided on 11.01.2019. The aforesaid judgment is extracted below:-
"Heard Sri K.N. Mishra Advocate along with Sri Rajesh Shukla, learned counsel for the petitioners.
Learned Standing Counsel has accepted notice on behalf of respondent No.1 and 2 and Sri R.B. Pradhan, put his appearance on behalf of respondent No.3.
The petitioners have preferred the present writ petition with prayer to issue a mandamus commanding the respondents to make payment of salary to Primary Section of the Institution in question from the State Exchequer.
The fact in brief in the writ petition are that the Institution in question knows as Ravidas Balmik Prathamik Vidyalya, Vijwanpur, Kansahari , Mardah, District Ghazipur which is duly recognized and aided Institution up to Junior High School. The Institution is run and controlled by the provisions contained under the Rules 1978. It is further that the junior High School Section of the Institution are on the grant in aid list from the State Government in terms of the provisons contained in the Uttar Pradesh Junior High Schools (Payment of Salary of Teacher and other employees) Act, 1978. The Institution is run and controlled by a society namely Ravidas Shiksha Samiti Rayganj Tehsil and District Ghazipur U.P. It is further mentioned in the paragraph 7 of the writ petition that the Institution in question was granted permanent recognition as Junior High School by the competent authority vide its order dated 20.04.1983 and the Junior High School Section of the Institution came on the grant in aid list in the first time in the year 2006.
In paragraph 9 of the writ petition it is contained that the Primary Section attached with the Institution in question and which is an integral part of the Institution in question run and managed by the same committee of management and the Primary Section of the Institution is also run in the same campus in which the Junior High School is going on. It is further contended that various teachers were duly appointed in the Primary Section of the Institution in question and they are performing their duties but the respondents are not giving salary to them. In this regard, counsel for the petitioner draw the attention of the Court regarding various orders passed by the different Benches of this Court from time to time and produced a copy of the order passed by this Court on 17.12.2018 in Writ A No. 26796 of 2018 (Committee of Management, Krishi Aoudyogik Junior High School, Moradabad and another Vs. State of U.P. and two others). The order passed in the aforesaid writ petition is reproduced below:-
"The Committee of Management runs the Junior High School which is recognized one under the U.P. Basic Education Act, 1972 and has applied for grant-in-aid in the light of the judgment of Apex Court in the case of State of U.P. v. Pawan Kumar Divedi, Law (SC) 2014 9 8 and the division bench of this Court in Paripurna Nand Tripathi v. State of U.P. 2015 (3) ADJ 567, his application dated 08 July, 2018 has remained pending and with respondent no. 1.
Sri Shyam Krishna Gupta, learned counsel appearing on behalf of respondent nos. 2 and 3 and learned Standing Counsel appearing on behalf of respondent no. 1 has no objection in case if direction is issued to the concerned respondent to take decision in the matter within time bound period.
In view of above, writ petition is disposed of with direction to the competent authority, namely respondent no. 1 to take decision in the matter of grant-in-aid to the attached primary section with the institution after due verification of the records and the eligibility criteria prescribed for the said purpose. The decision shall be taken by the authorities either way within period of three months from the date of production of certified copy of this orders."
In the facts and circumstances of the case and with the consent of the parties, this writ petition is disposed of with the direction to the competent authority namely respondent No.1/State of U.P. Through its Secretary Basic Education, U.P. Lucknow to take a decision in the matter on the granting aid to the attach primary section of the petitioners' institution after duly verification of the records and eligibility criteria prescribed for the said purpose. In this regard, the petitioner is also directed to make a fresh representation addressed to the respondent No.1 along with certified copy of this order within a period of two weeks from today. After such representation is made, the authority concerned will take a decision in the matter and pass appropriate speaking orders within a period of three months.
With the aforesaid observations, the writ petition is finally disposed of.
This court is not passing any order on the merits of the case and will pass appropriate speaking order independently"
In the facts and circumstances of the case, the present writ petition is disposed directing the competent authority namely respondent No.1/State of U.P. Through its Secretary, Basic Education, U.P. Lucknow to take decision in the matter for granting aid to the attach primary section of the petitioners' institution after duly verification of the records and eligibility criteria prescribed for the said purpose. In this regard, the petitioners are also directed to make a fresh representation addressed to the respondent No.1 along with certified copy of this order within a period of two weeks from today. After such representation is made, the authority concerned will take a decision in the matter and pass appropriate speaking orders within a period of three months.
With the aforesaid observations, the writ petition is finally disposed of.
This court is not passing any order on the merits of the case and will pass appropriate speaking order independently.
Order Date :- 26.2.2019 saqlain