Allahabad High Court
C/M Baba Shobhamani Laghu ... vs State Of U.P. And 4 Others on 22 December, 2015
Bench: Pradeep Kumar Baghel
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 69021 of 2015
Petitioner :- C/M Baba Shobhamani Laghu Madhyamik Vidhyalaya And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Manoj Kumar Srivastava,Amit Kumar Singh,Parmatma Nand Ojha
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Pradeep Kumar Singh Baghel,J.
The committee of management of an institution namely Baba Shobhamani Laghu Madhyamik Vidyalaya, Chero Barthi, district Deoria along with its Manger has preferred this writ petition. The grievance of the petitioners is that the State Government has not taken the Primary Section attached to the said institution under the grant-in-aid list.
Learned counsel for the petitioners has placed reliance on a judgment of this Court in Special Appeal Defective No.994 of 2014 (Paripurna Nanth Tripathi & another v. State of U.P. & 20 others), wherein this Court has issued a direction to the State Government to review its policy decision in respect of grant-in-aid to the Primary Sections attached to the Intermediate and other Junior High Schools. The operative portion of the judgement reads as under:
"After the enactment of the Act, 2009 and the law laid down by the Supreme Court in Society for Unaided Private Schools of Rajasthan (supra), Bhartiya Seva Samaj Trust (supra) and State of Uttar Pradesh and others v. Pawan Kumar Divedi and others, we are of the view that the State Government may revisit its age old policy in the light of the constitutional amendment and the law laid down by the Supreme Court on the subject.
Undoubtedly, now it is the State's responsibility to provide free and compulsory education to the children of the age of six to fourteen years. Private institutions, which are imparting education to children of the said age group, in fact, are performing and sharing the obligations of the State. Therefore, an obligation is cast upon the State Government not only to provide the grant-in-aid to such institutions but to provide infrastructure also subject to reasonable conditions laid down by it. Providing education to the children of the age of six to fourteen years shall be a mirage unless qualitative education is provided to them.
In the State of Uttar Pradesh, the large majority of children of the said age group come from the marginalized sections of the society. Most of the institutions providing primary and basic education are situated in rural and semi-urban areas. To provide quality education it is necessary that trained and competent teachers are appointed and necessary infrastructure is also made available to such institutions. The teachers in private unaided institutions are working in pitiable conditions. No good teacher would like to work in such institutions. Thus, the students will be deprived of quality education."
In view of the above, the writ petition is disposed of with liberty to the petitioners to move a representation to the State Government for appropriate relief. In the event, the representation is made within two weeks from the date of receipt of a certified copy of this order, the State Government shall pass an appropriate order in accordance with law expeditiously.
No order as to costs.
Order Date :- 22.12.2015
ssm
