( 1 ) THIS writ petition has been filed for a writ of certiorari praying for quashing the impugned order dated 7-6-1991 Annexure 11 to the writ petition and for e writ of mandamus directing the state Government to pay salaries to the teachers and other employees of the primary section of the D. A. V. Intermediate Colleges, Azamgarh under the U P. High Schools and Intermediate colleges (Payment of Sala ries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Payment of Salaries Act ).

( 2 ) I have heard Shri J. J. Munir, learned counsel for the petitioners Shri S. C. Budhwar, who was appointed as amicus curiae by my order dated 18-11-1996, and also learned Standing Counsel.

( 3 ) THE facts of the case are that there is an educational institution known as the D. A. V. Intermediate College, Azamgarh which is a recognised and aided institution. It is alleged in paragraph 2 of the writ petition that this institution imparts education from lower K G to intermediate classes, but the State Government gives grant-in-aid to the teachers and other employees from class 6 to class 12 only In para graph 3 of the petition it is alleged that the primary section