Allahabad High Court
Committee Of Management, Adarsh ... vs State Of U.P. And 5 Others on 28 April, 2022
Bench: Vivek Kumar Birla, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - A No. - 2864 of 2022
Petitioner :- Committee Of Management, Adarsh Devkali Baba Smarak Primary Vidyalaya And Another
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Ajay Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the petitioners and leaned Standing counsel.
The present writ petition has been filed for the following main reliefs:-
"I. An appropriate order / direction declaring the U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees (Amendment) Act, 2017 as ultra-vires, unconstitutional, null and void, and in particular violative of article 14, 21 and 21-A of the Constitution of the India.
II. An appropriate order / direction declaring the U.P. Basic Education (Amendment) Act, 2017 as ultra-vires, unconstitutional, null and void, and in particular violative of article 14, 21 and 21-A of the Constitution of the India.
III. A writ, order or direction in the nature of certiorari calling for the record and quashing the policy decision/ impugned Government Order dated 14.07.2020 (Annexure No. 8 to the writ petition).
IV. A writ, order or direction in the nature of mandamus commanding the respondents/State Government to include the petitioner Institution in the grant-in-aid list and to grant financial aid to the Institution month to month.
V. Any other writ order or direction at this Hon'ble Court may deem fit and proper in the circumstances of the case.
VI. Award costs of the writ petition to the petitioner."
At the very outset, learned counsel for the petitioners submits that the reliefs as prayed for in this petition are squarely covered by the judgment dated 14.03.2022 rendered by a coordinate Bench of this Court in leading Writ-A No. 20751 of 2019 (C/M Adarsh Gramin Vidyalaya Sonakpur, Harthala And 8 Others v. State Of U.P. And 11 Others). The main relief sought in Writ-A No. 20751 of 2019 is quoted as under:-
"Issue a writ, order or direction declaring the U.P. Basic Education (Amendment) Act' 2017 (U.P. Act No.2 of 2018) and the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) (Amendment) Act 2017 (U.P. Act No.3 of 2018) as ultra vires to the Constitution."
The relief granted by the coordinate Bench of this Court in the judgment dated 14.03.2022 is also quoted as under:-
"201. For the reasoning as aforesaid, we dispose of the present bunch of writ petitions in the following manner:-
(i). The petitioners' institutions falling in group 'A' cannot sustain the challenge to the validity of the Amendment to the 1978' Act by U.P. Act No.3 of 2018, being unaided Junior High Schools.
(ii). The petitioners institutions falling in Group 'B' & 'C' are held to be covered under the provisions of thePayment of Salaries Act' 1978, as amended by 2017 Amendment namely the U.P. Act No.3 of 2018.
Consequently, the State shall reconsider their claims for providing grant-in-aid in light of the principle of 'composite integrality' or "oneness of the institution" evolved in Jai Ram Singh (Supra) as approved above.
(iii). The petitioners institutions falling in group 'D' may lay their claim before the appropriate authority, if they incidentally fall in Group 'B' & 'C'. However, such institutions which do not fall in Group 'B' & 'C' would not be entitled to the benefit of this decision.
(iv). As we have not examined the validity of the individual orders for rejection of the claim of each petitioner, the petitioners in Group 'D' which do not fall in Group 'B' or 'C' may draw proceeding before the appropriate authority to sustain their challenge.
(v) All rights and contentions of the parties on the validity of the individual findings recorded by the State in respect of each institution are left open."
Learned Standing counsel could not dispute the aforesaid.
Accordingly, the present petition is disposed of in terms of above noted judgment.
Order Date :- 28.4.2022/piyush
