Court No. - 41
Case :- WRIT - C No. - 14870 of 2019
Petitioner :- C/M Sanatan Dharm Bal Vidya Mandir And Another
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Neeraj Tiwari,J.
The Committee of Management of a Junior High School, namely, Sanatam Dharm Bal Vidya Mandir, Junior Basic School, Pooranpur, Pilibhit has preferred this writ petition for a direction upon the respondents to pay salary of the teaching and non-teaching staff of the attached primary section of the Institution from the salary payment account.
It is stated that the Institution has attached a primary section which has got the permanent recognition on 28th April, 1997. A copy of the recognition of the District Basic Education Officer is on the record as annexure-4 to the writ petition.
The grievance of the petitioners is that the attached primary section does not receive any financial aid from the State Government and the management is paying the salary from its own fund.
Learned Counsel for the petitioners has drawn the attention of the Court to a judgement of a Constitution Bench of the Supreme Court in the case of State of Uttar Pradesh and others v. Pawan Kumar Divedi and others, (2014) 9 SCC 692. Following the said judgement a Division Bench of this Court in the case of Paripurna Nand Tripathi & another v. State of U.P. & others, 2015(3) ADJ 567 (DB) has issued a direction to the State Government to revisit its policy in respect of grant-in-aid to the primary institutions in view of the constitutional amendment under Article 21A in the Institution. He further submits that he has moved a representation dated 27.8.2018 for providing grant-in-aid to primary section, which is still pending.
In view of the above, a direction is issued upon the State Government- respondent no. 1 to consider the representation of the petitioner dated 27.8.2018 and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of the order.
It is made clear that the Court has not adjudicated the matter on merits. It is upon the authority concerned to decide the matter after considering the facts as well as law occupying the field.
The writ petition is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 29.4.2019/Arvind