COMMITTEE OF MANAGEMENT MAHILA UDYOG LAGHU MADHYAMIK VIDYALAYA DEORIA Vs. DIRECTOR OF EDUCATION BASIC LUCKNOW

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) ACCORDING to the petitioner, it is running a Girls Junior High School by the name of Mahila Udyog Laghu Madhyamik Vidyalay, Rudrapur, Deoria and it has got an attached primary school where education from Class 1 to 5 is imparted. Junior High School Section of the school i. e. Class VI to VIII is on grant in aid list and salary to the teachers teaching these classes is paid by the Government under U. P. Payment of Salary Act, 1978.

(3.) IN the impugned order, the Director has held that primary Section/school was not attached to the Junior High School. Learned Counsel for the petitioner has mainly placed reliance upon an order of District Basic Shiksha Adhikari, Deoria dated 2- 1-1986 granting permanent recognition to the primary school, copy of the said letter is Annexure 4 to the writ petition. It was also filed before the Director of Education. The very first sentence of the said order is that primary school attached with your school is being granted permanent recognition with effect from July 1985. The primary school was granted temporary recognition on yearly basis since before 1975 till 1985 when permanent recognition was granted. The Director in the impugned order held that the order of District Basic Shiksha Adhikari recognising the attachment of the two schools i. e. primary school and Junior High School was wrong. The Director also mentioned that originally both the schools were granted recognition by different authorities as different institutions. It is not clear that on the basis of what documents or material the said observation was made.