JUDGMENT :

Manju Rani Chauhan, J.

1. Nobody is present on behalf of respondent Nos. 4 and 5 even in the revised reading of the list.

2. Heard Mr. R.K. Ojha, learned Senior Advocate assisted by Mr. Shivendu Ojha, learned counsel for the petitioners and Dr. Amar Nath Singh, learned Standing Counsel for the State-respondents.

3. Since the pleadings have been exchanged between the learned counsel for the petitioners and the learned Standing Counsel for the State-respondents, who are the contesting respondents, both the parties agree that the present writ petition may be decided at this stage without calling for any further affidavits, specifically in view of the order proposed to be passed today.

4. By means of the present writ petition, the petitioners have prayed for quashing the impugned order dated 23/24th May, 2018 (Annexure-16 to the writ petition) passed by the Director of Education (Basic), U.P. Lucknow i.e. respondent No. 4 herein. They have further prayed for a mandamus commanding the respondents to consider the case of the petitioners for taking the institution into grant-in-aid list since December, 2006 by ignoring the Government Order dated 13th July, 2017 and also to make payment of salary to the teachers and other employees working in the institution under the U.P. Junior High School (Payment of Salaries of the Teachers and Other Employees) Act, 1978 including the arrears of salary since 2006 as well as current salary as and when it comes due.

5. The factual matrix of the case is as follows:

The petitioner-institution is a recognized Junior High School and pursuant to Government policy embodied in the Government Order dated 7.9.2006, it applied for the benefit of grant-in-aid from the State Exchequer. The cases of all the applicants were to be considered as per the prescriptions available in the said Government Order dated 7.9.2006 and final list of the institutions brought under grant-in-aid list was published on 2.12.2006. The petitioner-institution was, however, denied the said benefit and its name did not figure in the said list finalized by the State Government on 2.12.2006, which led the petitioner-institution to institute a writ petition, which was dismissed by the Hon'ble Single Judge on 2.2.2009. Challenging the said order dated 2.2.2009, the petitioner filed a Special Appeal which was disposed of by the Division Bench of this Court, vide its judgment and order dated 17.3.2009 permitting the petitioner-institution to file an appropriate application before the State Level Committee and it was further directed that in case such an application is filed, the appropriate authority shall pass appropriate order after examining the facts of the case and after giving opportunity of hearing to the parties concerned. It is in compliance of this order dated 17.3.2009, passed by the Division Bench of this Court that the impugned order dated 5.7.2009 has been passed by the Director of Basic Education, U.P. Lucknow.

For the purposes of bringing 1000 unaided Junior High Schools having permanent recognition on the grant-in-aid list of the State Government, a Government Order was issued on 7.9.2006, a copy of which has been annexed as Annexure 2 to the writ petition. In the said Government Order dated 7.9.2006, a detailed procedure was prescribed for the purpose of consideration of the cases of the Junior High Schools for giving them the benefit of grant-in-aid. The conditions mentioned in the said Government Order for Junior High Schools seeking the benefit of grant-in-aid were that the institution concerned should have permanent recognition, the Society running the institution should be registered, whose registration should be renewed and the institution should have student strength in Classes 6, 7 and 8 in last three years, as on 30.9.2006, not less than 105. Certain other conditions were also prescribed in the said Government Order and the conditions were that the finances of the institution should be managed as per rules, that