PUSHPA SRIVASTAVA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Mr. Radha Kant Ojha, learned Senior Counsel assisted by Mr. Sunil Kumar Srivastava, learned counsel for the petitioner, Mr. Santosh Kmar Tripathi, learned counsel for respondent nos. 5 and 6 and Mr. Anil Kumar Singh Baghel, learned Additional Chief Standing Counsel for the Staterespondents.

(2.) The writ petition has been filed with the following prayer:-

(3.) The Nehru Bal Mandal is a registered society which runs a number of institutions recognized by the Board of Basic Education, Uttar Pradesh, as well as Social Welfare Department. The Silai, Kadhai, Bunai Prakshikshan Evam Utpadan Kendra, Allahabad (hereinafter referred to as Institution) is run by the aforesaid Society since 1974 after being recognized by the Social Welfare Department. The aforesaid institution is governed under the provisions of grant-in-aid (Technical or Industrial Institutions) Rules, 1949 (in short Rules, 1949). As per the aforesaid rules, the Committee of Management is empowered to run the institution, appoint the staff of the institution, pay the salary of the staff of the institution. This rule is however silent about the governance of un-aided schools.