RAMJI TIWARI Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari praying for quashing the impugned order dated 7-6-1991 Annexure 11 to the writ petition and for e writ of mandamus directing the state Government to pay salaries to the teachers and other employees of the primary section of the D. A. V. Intermediate Colleges, Azamgarh under the U P. High Schools and Intermediate Colleges (Payment of Sala ries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Payment of Salaries Act).

(2.) I have heard Shri J.J. Munir, learned counsel for the petitioners Shri S.C. Budhwar, who was appointed as amicus curiae by my order dated 18-11-1996, and also learned Standing Counsel.

(3.) The facts of the case are that there is an educational institution known as the D. A. V. Intermediate College, Azamgarh which is a recognised and aided institution. It is alleged in paragraph 2 of the writ petition that this institution imparts education from lower K G to Intermediate classes, but the State Government gives grant-in-aid to the teachers and other employees from class 6 to class 12 only In para graph 3 of the petition it is alleged that the primary section of the institution, i. e., from lower K. G. to class 5, runs in the same campus of the college and is under the same Committee of Management and Principal but the teachers and employees serving in the primary section are not paid salaries by the State Government but by the management from its own resources, petitioner Nos. 1 to 9 are teachers, and petitioner Nos. 10 to 14 are employees in the primary section.