SMT. RAZIA SULTANA Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners are employees of Masoodi Kanya Junior High School Badihat, Bahraich. The said institution was brought on grant-in-aid by order dated 02.12.2006. However, thereafter on certain complaints an enquiry was held and order dated 28.03.2007 was passed by Assistant Director Education (Basic), Faizabad. By said order salary of petitioners was withheld and recommendation was made to the State Government to remove the institution from the list of institutions approved by State Government for grant-in-aid. The said order dated 28.03.2007 was challenged by Writ Petition (S/S) No.2983 of 2009. In writ petition by an interim order dated 26.05.2009 operations of aforesaid recommendations contained in order dated 28.03.2007, so far they related to stoppage of salary were stayed, however, it was left open for the Director of Education to take a final decision. On 31.08.2009 Director of Education took a final decision and directed for removal of institution from grant-in-aid list. The said order dated 31.08.2009 has been challenged by Writ Petition No.2313 of 2010.

(2.) Prominent grounds which persuaded the Director of Education were that;

(3.) A perusal of above shows that initially State of U.P. was maintaining a difference between Primary/Junior Basic High School (Class I to V) and Junior High School (class VI to VIII) of an institution. Since in this case they both were being run together hence violating policy of State of maintaining separation amongst the two, grant-in-aid was withdrawn. The validity of aforesaid policy of separation of two has been considered at length by Apex Court, in case of State of U.P. & others Vs. Pawan Kumar Divedi & others (2014) 9 SCC 692, which is quoted below: