MANOJ KUMAR NAGAR, PRINCIPAL, NAIN SINGH JUNIOR HIGH SCHOOL, SHIVALI, BULANDSHAHAR AND OTHERS Vs. STATE OF U.P.THROUGH ITS SECRETARY, EDUCATION (BASIC), U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) HEARD Shri Kamlesh Shukla and Shri Pradeep Pandey for the petitioners appellants.

(2.) SHRI Manoj Kumar Nagar, Principal and 16 Assistant Teachers of 'Nain Singh Junior High School, Shivali, District Bulandshahr are aggrieved by the judgment of learned Single Judge dated 23.1.2008 in Civil Misc. Writ Petition No. 1317 of 2007 Manoj Kumar Nagar and others vs. State of UP and others, by which their writ petition for grant-in-aid to the Junior High School fulfilling the terms and conditions under the Government Order dated 7.9.2006, was dismissed on the ground that the petitioners were working in the institution, which was established to be maintained from its own financial resources, and thus, it cannot expect the State Government to pay salary to the teachers and its employees. Learned Judge found that the judicious discretion of the State Government to choose some of the institutions, which comply with the conditions for grant-in-aid, is not subject to discretion under Article 226 of the Constitution.

(3.) IN the counter affidavit of Smt. Kamlesh Gupta, Deputy Basic Education Officer, First, Bulandshahr, only these two reasons are given for not including the Junior High School, in which the petitioners are teaching in the grant-in-aid list.