SHIKSHA PRASAR SAMITI Vs. STATE OF U P

JUDGEMENT

(1.) THE Petitioner is a registered society which established Janta Junior High School in 1969. The school was granted temporary recognition but in 1974 it was granted permanent recognition and then with effect from 1 -7 -74 one Sri Ram Prakash Misra, M.A. B.Ed. was appointed as its Head Master. In 1980 the school was raised to High School and was recognized as such by the Board of High School and Intermediate Education (for short, Board) established under the U.P. Intermediate Education Act and is now being run under a duly approved scheme of Administration. Sri Ram Prakash Misra continued as Head Master of the upgraded Janta High School and he was also approved by the Managing Committee, as he possessed the necessary qualifications in that regard. The school, it is claimed, is not an aided institution and is not on the list of grants -in -aid institutions so the salaries to the teaching and non -teaching staff are paid by the Managing Committee and it is not the responsibility of the Government to pay salary to the said stati, as the provisions of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 is not applicable.

(2.) IN 1981 U.P. Secondary Education Service Commission and Selection Board Ordinance (Ordinance No. VIII of 1981) was promulgated which was later replaced by U.P. Ordinance No XXIII of 1981 and then by U.P. Act V of 1982 with retrospective effect from 14 -7 -81, the date on which the Ordinance was first promulgated. Under this Act the appointment to the post of head of the Institution and teachers are to be made through Commission or Board constituted thereunder.

(3.) LET us first take up the question of vires of the Act. We may in this connection point out at the very out set that the Petitioner has not laid a strong foundation in this writ petition for challenging the vires of the Act. The pleadings set out in the writ petition do not make out a case that the Act is ultra vires the Constitution. The necessary averments, of facts m this regard are contained in paras 13 and 19 of the petition which are reproduced below: