MAHARSHJ DAYANAND VTDYALAYA SAMITI, MANAURI, TAHSIL, CHALL, DISTRICT ALLAHABAD AND OTHERS Vs. STATE OF U. P. AND ANOTHER

JUDGEMENT

(1.) The U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (U.P. Act No. 6 of 1979) which wee an Act to regulate the payments of salaries to teachers and other employees of Junior High Schools receiving aid out of the said fund and to provide for matters connected therewith came into force with effect from 1-5-1979. Sec. 10 of the aforesaid Act provided that the State Government shall be liable for payment of Salaries of teachers and employees of every institution due in respect of any period after the appointed day. It appears that in the year 1986 the State Government decided to bring within the purview of the aforesaid U. P Act No. 6 of 1979, 240 Junior High Schools imparting education to boys and sixty Junior High Schools imparting education to gilts. It further appears that the its order dated 29-3-1990 the State Government modified the conditions which had to be satisfied before a Junior High School could be held eligible for being brought on the list of the selected Junior High Schools which were to be brought within the purview of the aforesaid Act. A part from several conditions of eligibility which were laid down in the aforesaid Government order, it was clearly provided therein that the selection of the eligible Junior High School for being brought within the purview of the aforesaid Act was to be done strictly in order of seniority determined on the basis of the date of permanent recognition by the U.P, Board of Basic Education.

(2.) It has been asserted by the petitioner that it satisfied all the conditions relating to the eligibility for being brought within the purview of the aforesaid Act and as such it applied for being brought within the purview of the Act and moved an application for the purpose in 1984-85. It is further asserted that applications were repeatedly made for the purpose in the years 1985-86, 86-7, 87-88, 88-89, 89-90, and lastly in the year 1990-91 hut in vain. It further appears from the record that on 27-3-1991 the State Government issued a list of sixty Junior High Schools impairing education to girl students exclusively which had been selected for being brought within the purview of U.P. Act No. 6 of 1979. The name of the Junior High School, run and managed by the petitioner was, not brought on the said list.

(3.) The present writ petition was .thereafter filed on 3-5-1991 seeking the quashing of the list prepared by respondent No. 1 dated 27-3-1991 and a direction commanding the respondents to include the Junior High School run and managed by the petitioner in the list of the Junior High Schools imparting education to Girl students which were brought within the purview of the U.P. Act No. 6 of 1979, on 3-5-1991 six weeks 'time was granted to the learned Standing Counsel representing the respondents for filing a counter affidavit and an interim mandamus was issued to the respondents to bring the petitioner's institution on the maintenance grant in aid list of the State Government if the Institution given approval recognition subsequent to the petitioner's institution had been brought on the maintenance/grant-in-aid list of the State Government or to show cause within six weeks.