COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) THE present Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India, inter-alia, praying for issuance of suitable writ, order or direction commanding the respondents to include the petitioners' institution in the list of institutions receiving grant-in-aid from the State Government w.e.f. 1.12.2006 after making necessary modifications in this regard in the Government Order dated 2.12.2006 (Annexure-11 to the Writ Petition), and further commanding the respondents to sanction grant-in-aid to the petitioners' institution and to disburse the salary of the members of the staff of the petitioners' institution regularly every month w.e.f. 1.12.2006. It is, inter-alia, averred in the Writ Petition that there is a society registered under the Societies Registration Act, 1860 under the name of Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya Samiti, Nagaon, Sonbhadra, with Registration No. 1166 of 1977-78 dated 7.9.1977; and that the said registration certificate has been renewed from time to time and has been lastly renewed on 21.4.2006. It is, inter-alia, further averred in the Writ Petition that the aforesaid society has established a Junior High School at Nagaon, which originally fell in district Mirzapur and now in district Sonbhadra, under the name of Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya ;and that the education in the said institution is imparted from Classes 6 to 8 ;and that the said institution was granted permanent recognition as a Junior High School by order of the Assistant Director of Education (Basic), Varanasi dated 24.7.1986. Copy of the Recognition Order dated 24.7.1986 has been filed as Annexure-2 to the Writ Petition. It is, inter-alia, further averred in the Writ Petition that the aforesaid institution is run only as a Junior High School in which education is imparted from Classes 6 to 8 ;and that education in no other class is imparted in the said institution. THE petitioners have, inter-alia, further averred in the Writ Petition that the aforesaid Junior High School is situated upon the land approximately measuring .944 hectare comprising Gata Nos. 79 minjumala and 66 minjumala. Copy of Khatauni of Fasli 1411-1416 of village Nagaon, Pargana Vijaigarh, Sonbhadra has been filed as Annexure-3 to the Writ Petition. It is, inter-alia, further averred in the Writ Petition that in the year 1996 a decision was taken by the aforementioned society to establish another institution as a High School for imparting instructions of studies in Classes 9 and 10 ;and that accordingly, an application was submitted on 6.12.1996 before the Board of High School and Intermediate Education, U.P seeking the said recognition for establishing a new institution as a High School. Copy of the said Application dated 6.12.1996 has been filed as Annexure-4 to the Writ Petition. THE petitioners have, inter-alia, further averred in the Writ Petition that the aforesaid application was processed at the level of the Board of High School and Intermediate Education, and recommended for grant of recognition to the State Government; and that on 29.2.2000 a Government Order was issued by the State Government according recognition to eight girls institutions to be opened as High School by management in such development blocks, which did not have any girls institution available. Copy of the said Government Order dated 29.2.2000 has been filed as Annexure-5 to the Writ Petition. It is, inter-alia, further averred by the petitioners that in the enclosure to the said Government Order dated 29.2.2000 the name of the proposed institution under the name of Sri Shiv Prakash Singh Uchchatar Madhyamik Vidyalaya, Nagaon, Sonbhadra stood specified at serial no.5. ;and that the inclusion of the proposed institution in the Government Order dated 29.2.2000 was clearly a mistake on the part of the State Government as the aforementioned society had never applied under the scheme to which the Government Order pertained ;and that the aforesaid mistake was rectified by the State Government itself by issuing an Office Order dated 10.4.2006 (Annexure-6 to the Writ Petition), whereby the name of the proposed institution was deleted from the Government Order dated 29.2.2000, instead, recognition was granted to the said proposed institution as a boys institution for High School classes and such recognition was granted directly for High School alone. It is, inter-alia, further averred in the Writ Petition that in pursuance to the aforesaid Office Order, the Regional Secretary, Board of High School and Intermediate Education, Varanasi issued an order dated 26.4.2006 granting recognition to the proposed institution as High School. Copy of the Recognition Order dated 26.4.2006 has been filed as Annexure-7 to the Writ Petition. It is, inter-alia, further averred by the petitioners that in pursuance to the aforesaid recognition a High School under the name of Sri Shiv Prakash Uchchatar Madhyamik Vidyalaya, Nagaon, Sonbhadra has commenced from 1.7.2006 and the first admission to Class 9 has been made during the academic session 2006-07 and currently the said students are undergoing teaching in Class 9. It is, inter-alia, further averred in the Writ Petition that the institution opened as Sri Shiv Prakash Uchchatar Madhyamik Vidyalaya, has been opened as a separate institution and is located on the remaining land of Plot no. 66, village Nagaon, Sonbhadra; and that the said High School has a separate Head Master and has no concern whatsoever with the Junior High School, which has been running. As regards the aforementioned Junior High School, it is, interalia, averred in the Writ Petition that the said Junior High School has not been receiving any grant-in-aid from the State Government. On 7.9.2006 the State Government issued a Government Order notifying its decision for taking 1000 privately managed Junior High School on the grant-in-aid. Copy of the said Government Order dated 7.9.2006 has been filed as Annexure-9 to the Writ Petition. Clause (13) of paragraph 2 of the said Government Order dated 7.9.2006, interalia, provided that for making application for grant-in-aid under the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978, only Junior High School (Classes 6 to 8) level institutions would be eligible, and the institutions running classes higher or lower than the said classes 6 to 8 would not be eligible for making the application. In pursuance to the said Government Order, the Director of Education (Basic) issued an advertisement dated 9.9.2006 (Annexure 10 to the Writ Petition). It is, inter-alia, averred in the Writ Petition that in pursuance to the said advertisement, the petitioners' Junior High School institution i.e. Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra submitted the application form for grant-in-aid. On 2.12.2006 the State Government issued a Government Order whereby 1000 Junior High Schools specified in the list appended to the said Government Order have been brought on grant-in-aid w.e.f. 1.12.2006. Copy of the said Government Order dated 2.12.2006 has been filed as Annexure 11 to the Writ Petition. It is, inter-alia, further averred in the Writ Petition that by means of the aforesaid Government Order dated 2.12.2006, 800 Boys Junior High Schools and 200 Girls Junior High Schools have been brought on the grant-in-aid ;and that 800 Boys Junior High Schools, which have been so brought on the grant-in-aid, include such Junior High Schools, which have been granted permanent recognition dated 30.4.1988. However, the name of the petitioners' Junior High School institution, namely, Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra did not find place in the said Government Order dated 2.12.2006. It is, inter-alia, further averred in the Writ Petition that the date of grant of permanent recognition to the petitioners' Junior High School institution, namely, Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra is 24.7.1986, and the petitioners' Junior High School institution is amongst the senior-most institutions of the district Sonbhadra. In view of the aforesaid, the petitioners have filed the present Writ Petition seeking the reliefs as mentioned above. A counter affidavit has been filed on behalf of the respondent Nos. 2,3,4, 5 & 6. THE petitioners have filed their rejoinder affidavit. Along-with the counter affidavit, an Inspection Report dated 16.10.2006 submitted by the District Level Committee has been filed as Annexure CA-1 to the counter affidavit. It is, interalia, stated in the said Report that the petitioners' institution, namely, Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon was given permanent recognition on 24.8.1986 ;and that the building of the institution was established on its own land ;and that all the employees working in the institution were approved ;and that all the rooms of the building of the institution were permanent construction in accordance with norms. It is, interalia, further stated that in the said Report that by the Order dated 26.4.2006 recognition for High School had been granted ;and that at the time of inspection the High School classes were found running in the premises. In Paragraph 4 of the counter affidavit, it is, interalia, stated that the Director of Education by his Order dated 27.9.2006 had not found the petitioners' institution to be eligible for being taken on grant-in-aid list of the State Government in view of the Rules of 1978 ;and that the District Inspector of Schools, Sonbhadra in his report dated 30th October 2004, had not treated the said institution to be upgraded and as such in view of the said conflicting view, the matter was referred to the Assistant Regional Director of Education, Varanasi along-with the entire records by the office of B.S.A., Mirzapur who in his turn after having scrutinized the entire documents, took a decision by the Order dated 4.1.2007 that in view of the Government Order dated 7.9.2006 the institution in question was not found eligible for being taken on grant-in-aid list of the State Government. It further appears that in view of non-acceptance of the application for grant-in-aid submitted by the petitioners' institution, namely, Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra, the petitioner's institution submitted a representation. THE Director of Education (Basic), U.P by his Communication dated 5.1.2007 directed for submission of report in respect of the representation submitted by the petitioners' institution and certain other institutions. A report was accordingly submitted by the District Level Committee, copy whereof has filed as Annexure RA-2 to the rejoinder affidavit. A perusal of the report in regard to the petitioners' institution, namely, Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra shows that in pursuance to a Communication dated 4.1.2007 sent by the Regional Assistant Director of Education (Basic), Vth Region, Varanasi, asking for information, the Regional Secretary, Madhyamik Shiksha Parishad, Regional Office, Varanasi sent a Communication dated 11.1.2007 stating that the petitioners' institution, namely, Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra was not upgraded ;and that Sri Shiv Prakash Uchchatar Madhyamik Vidyalaya, Nagaon, Sonbhadra was given recognition directly for High School by the Communication dated 26.4.2006 of the Regional Secretary, Madhyamik Shiksha Parishad, Regional Office, Varanasi. THE said report, interalia, further states that the premises of Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra was separated by a boundary-wall from the building of Sri Shiv Prakash Uchchatar Madhyamik Vidyalaya, Nagaon Sonbhadra ;and that both the schools were situated on Plot no. 66 ;and that 2 bigha land out of the total area of Plot no. 66 was allocated to Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, while an area of 2 bigha 19 biswa 15 dhur land of the said plot was allocated to Sri Shiv Prakash Uchchatar Madhyamik Vidyalaya, Nagaon. In view of the above, the matter was referred to the Regional Committee for decision. I have heard Sri Ashok Khare, learned Senior Counsel, assisted by Sri S.D. Shukla, learned counsel for the petitioners, and the learned Standing Counsel appearing for the respondents, and perused the record. It is submitted by Sri Ashok Khare, learned Senior Counsel that the assumption, namely, Sri Shiv Prakash Uchchatar Madhyamik Vidyalaya, Nagaon, was merely upgradation of Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, was erroneous as is evident from the report submitted by the District Level Committee, copy whereof has been filed as Annexure RA-1 to the rejoinder affidavit. It is submitted that the said report shows that the aforesaid two institutions have separate existence, and the premises of the said two institutions are also separate. THE separate recognitions have been granted in respect of the said institutions. Learned Standing Counsel appearing for the respondents submits that the application of the petitioners' institution for grant-in-aid was not entertained on account of the report of District Level Committee based on the Inspection dated 16.10.2006. It is submitted by the learned Standing Counsel that the decision was rightly taken in view of the said Inspection Report of the District Level Committee. I have considered the submissions made by the learned counsel for the parties. In my opinion, as the report submitted by the District Level Committee, pursuant to the direction given by the Director of Education (Basic), Uttar Pradesh, by his Communication dated 5.1.2007 shows various facts which are relevant for deciding the application for grant-in-aid submitted by the petitioners' institution pursuant to the Government Order dated 7.9.2006 and the Advertisement dated 9.9.2006, it will be appropriate in the interest of justice that the respondent nos. 1 & 2 be directed to take appropriate decision in the matter of the petitioners' institution. It is to be noted that as the case of the petitioners' institution is that they fulfilled all the requirements of the Government Order dated 7.9.2006 including the requirements of clause (13) of Paragraph 2 thereof, the decision in regard to the petitioners' institution will be taken by the respondent nos. 1 & 2 in accordance with law and keeping in view the said Government Order dated 7.9.2006 (Annexurre 9 to the Writ Petition), whereby the exercise of bringing one thousand institutions on grant-in-aid was initiated In view of the above, the Writ Petition is disposed of with the direction to the respondent nos. 1 & 2 to take appropriate decision on the application submitted by the petitioners' institution, namely, Sri Shiv Prakash Singh Laghu Madhyamik Vidyalaya, Nagaon, Sonbhadra for grant-in-aid in accordance with law and keeping in view the requirements of the Government Order dated 7.9.2006, expeditiously, preferably within a period of 4 months from the date of production of a certified copy of this Order along-with a copy of the petitioners' Representation before the respondent nos. 1 and 2. Before deciding the matter, the respondent nos. 1 and 2 will give opportunity of hearing to all concerned including the petitioners. THE respondent nos. 1 and 2 will decide the matter by passing a reasoned order.