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2009 Supreme(SC) 1792

CYRIAC JOSEPH, ALTAMAS KABIR
State of U. P. – Appellant
Versus
Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir – Respondent


Advocates Appeared:
P.P. Rao, P.N. Mishra, Dinesh Dwivedi, Sr. Advs., Shail Kr. Divedi, AAG, Garvesh Kabra, Shrish Kumar Mishra, Pushkin, Yatish Mohan, Ms. Vinita Y. Mohan, E.C. Vidya Sagar, Mukesh Verma, M.R. Shamshad, Manish Shankar, Prateek Dwivedi, Vivek Vishnoi, Yash Pal Dhingra, Ambhoj Kumar Sinha, Manoj K. Mishra, Advs., with them for the appearing parties.

JUDGMENT

Altamas Kabir, J.—

1. The Respondent institutions were recognized as Junior High Schools between the years 1983 and 1986. Thereafter, between 1987 and 1989, they were granted recognition for imparting education at the High School level and were subsequently upgraded as Intermediate Colleges between 1991 and 1999. It appears that as Junior High Schools which were granted recognition after 30th June, 1984, none of the respondent institutions were covered by the grant-in-aid scheme of the State Government to Junior High Schools and at the time of their upgradation as High Schools or Intermediate Colleges, one of the conditions imposed by the Board of High School and Intermediate Education was that for opening and running the new (higher) classes, the institutions would have to operate the same on a self-financing basis and would not be provided with any aid by the State Government. There is no dispute that the institutions imparting education from classes 1 to 5 are governed by the provisions of the U.P. Basic Education Act, 1972 (hereinafter referred to as “the 1972 Act”); institutions imparting education from classes 6 to 8 are governed by the provisions of the U.P. Recogn
























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