C/M Shahpur Kanya Junior High ... vs State Of U.P. And 3 Others
2022 Latest Caselaw 10605 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- WRIT - C No. - 21144 of 2022
 

 
Petitioner :- C/M Shahpur Kanya Junior High School
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for petitioner and learned standing counsel for State-respondents.

The petitioner has approached this Court praying for quashing of the order dated 29.5.2022 passed by respondent No.1, Principal Secretary, Basic Education, Government of Uttar Pradesh, Lucknow, whereby the application for grant-in-aid has been rejected on the ground that the Junior Basic School and Junior High School are different institutions and no grant-in-aid is payable to the primary section of the institution.

Learned counsel for petitioner submits that the present controversy is squarely covered by Division Bench judgment of this Court passed in C/M Adarsh Gramin Vidyalaya Sonakpur, Harthala and 8 others vs. State of U.P. and 11 others : 2022 LawSuit(All) 291. In the aforesaid decision, this Court in paragraph no. 201 (ii) has held that the institutions falling in Group 'B' & 'C' are held to be covered under the provisions of Payment of Salaries Act' 1978 as amended by 2017 Amendment namely U.P. Act No. 3 of 2018 and has directed the State to reconsider the claims of such institutions for providing grant-in-aid in the light of the principle of 'composite integrality' or "oneness of the institution".

The institution of the petitioner comes under the 'B' category and, therefore, learned counsel for the petitioner states that their institution is entitled to get the grant-in-aid from the government.

Learned Standing Counsel appearing on behalf of the State-respondents has not disputed the ratio of the judgement in the case of C/M Adarsh Gramin Vidyalaya (supra).

In view of the above, respondent no. 1, Principal Secretary, Basic Education, Government of Uttar Pradesh, Lucknow, is directed to pass appropriate orders in view of the judgement relied upon hereinabove, within a period of two months from the date of service of certified copy of this order. While deciding the issue, he shall also verify the category in which the case of the petitioner falls.

The impugned order dated 29.5.2022 passed by respondent No.1, Principal Secretary, Basic Education, Government of Uttar Pradesh, Lucknow, is hereby quashed.

Accordingly, the writ petition is allowed.

Order Date :- 18.8.2022

Vandana

(Ashutosh Srivastava,J.)