MANOJ KUMAR NAGAR Vs. STATE OF U P

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 Ors. v. State of U.P. and Ors. 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.) Shri Kamlesh Shukla and Shri Pradeep Pandey learned Counsel for appellant would submit that the institution was given permanent recognition as Junior High School on 1.7.1985 under the Government Order dated 7.9.2006, by which the State Government had decided to give grant-in-aid to 1000 Junior High Schools running classes from 6 to 8. The application for grant-in-aid, sent by registered post was received on 4.10.2006, whereas the forms were required to be deposited between 14.9.2006 to 3.10.2006. The name of the Junior High School, in which petitioners are teaching, was not included in the list on the ground that the Junior High School was upgraded to High School, and thus did not qualify for being included in the grant-in-aid list, which was applicable to those Junior High School, running only from Class 6 to 8.