Allahabad High Court
C/M Indrapal Singh Memorial ... vs State Of U.P. And 4 Others on 4 April, 2022
Bench: Vivek Kumar Birla, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - A No. - 3817 of 2022
Petitioner :- C/M Indrapal Singh Memorial Junior High School And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Bhanu Pratap Singh,Alok Kumar Singh
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 reliefs:-
"I. Issue an appropriate order / direction declaring the U.P. Basic Education (Amendment) Act No. 2 of 2018 dated 5.1.2018 (Annexure-1 to the writ petition) which was made through (ordinance No. 3-2017 dated 26.10.2017) as ultra vires, unconstitutional, null and void and violative of Article 14, 21, 21-a and 23 of the Constitution.
II. Issue an appropriate order / direction declaring the junior high school (Payment of Salaries of Teachers and Other Employees) (Amendment) Act No. 3 of 2018 dated 5.1.2018 (Annexure-2 to the writ petition) which was made through ordinance No. 3 of 2017 dated 26.10.2017 as ultra vires unconstitutional, null and void and violative of Article 14, 21, 21-A and 23 of the Constitution.
III. Issue an order / direction directing the respondent / State to include the petitioner / institution namely Committee of Management, Indrapal Singh Memorial junior high school Tada Banshidhar, Rampur from class 6th to 8th District Maharajganj in grant in aid list and to grant financial aid to such institutions to disburse the salary of teaching and other staffs including arrears since the date of appointment and joining of the respective staffs in the institution with admissible compound interest.
IV. Issue an order / direction directing the respondent to decide the representation of the petitioner dated 8.11.2021 pending before the respondent no. 1 in regard to inclusion of the institution namely Indrapal Singh Memorial Junior High School Dada Bashidhar, Tehsil Shahabad District Rampur in the grant in aid list under U.P. Act No. 6 of 1978-78 (Annexure-6 to the writ petition)."
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 the Payment 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 :- 4.4.2022
Arif
