STATE OF UP Vs. COMMITTEE MANAGEMENT

JUDGEMENT

(1.) As all these intra Court appeals filed by the State, arise out of the same judgment dated 27.8.2014 passed by learned Single Judge, while deciding a bunch of a dozen of writ petitions together, they are being disposed of by this common judgment. We have heard Sri Ramesh Upadhyay, learned Chief Standing Counsel alongwith Sri Vivek Shandilya, learned Additional Chief Standing Counsel appearing on behalf of the State in all these appeals and Sri Ashok Khare, learned Senior Counsel alongwith Sri Siddharth Khare in Special Appeal Defective Nos. 542 of 2014 and 545 of 2014 and Sri R.K. Ojha, learned Senior Counsel alongwith Sri S.B. Singh appearing on behalf of the respondents in Special Appeal Defective Nos. 544 of 2014, 546 of 2014, 547 of 2014 and 548 of 2014 and perused the records.

(2.) Twelve writ petitions were filed by the various committees of management of respondents Junior high schools with prayer to quash the orders passed by the State Government through Secretary, Director of Basic Education, whereby the applications filed by the above said management committees for bringing their schools in grant-in-aid list of the State Government, were rejected. Earlier an advertisement had been issued by the Government of U.P. for bringing 1000 privately managed junior high schools having permanent recognition, on the grant-in-aid list of the State Government. The petitioners had applied for the same, but when their applications were rejected by the State Government, on different grounds, they challenged the orders passed by the State by means of writ petitions before this Court as aforesaid.

(3.) The writ Court after hearing both the parties, divided the writ petitioners-schools and colleges into two categories. The first category consisted of applications of such schools, whose applications for grant-in-aid had been rejected by the State for the reason that the appointments of teaching and non teaching staff had been made in contravention of the provisions of U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the '1978 Rules') and also against the provisions of U.P. Recognised Basic Schools (Junior High Schools) (Recruitment 8s Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 (hereinafter referred to as the '1984 Rules'), because the appointments had been made prior to the grant of approval by the Basic Shiksha Adhikari. Due to this reason, those schools included in category 'A' were found to have failed to satisfy the conditions contained in Clause 6 of the Government Order dated 7.9.2006.