The State is obligated to provide salaries to primary section teachers in recognized Sanskrit institutions as these sections are integral to educational obligations under constitutional mandates for free education.

JUDGMENT :

Hon'ble J.J. Munir, J.-The petitioners, who are teachers in the primary section of the Sri Dayanand Sanskrit Mahavidyalay, Ganeshpur, Maniar, Ballia, pray that a mandamus be issued commanding the respondents to pay their monthly salary in the regular grade, borne on State grant, with effect from the date of their respective appointments. They also pray that a command be issued to the respondents to pay them arrears of salary from the date of their appointment, including consequential benefits.

2. The Sri Dayanand Sanskrit Mahavidyalay, Ganeshpur, Maniar, Ballia (for short, 'the Institution') is a recognized and aided institution, that is managed by a registered society, to wit, the Sri Dayanand Sanskrit Mahavidyalay, Ganeshpur, Maniar, Ballia (for short, 'the Society'). The Institution imparts education in their primary section i.e. Classes I to V, as well as the Prathama i.e. Junior High School, the Purva Madhyama equivalent to High School in the modern system of education and the Uttar Madhyama, equivalent to Intermediate Education in the mainstream system. This apart, the Institution also has the Shastri Section, which is equivalent to Graduation in conventional education. All teachers, teaching in the Institution across various levels from Prathama and Purva Madhyama to Uttar Madhyama, that is to say, Junior High School to the Intermediate level, are paid salaries borne on State funds. The teachers of the primary section of the Institution are not paid salaries borne on State grant. They are paid by the Management out of their own resources.

3. The petitioners say that the primary section is an integral part of the Institution and managed by the same Committee of Management. There is absolutely no distinction regarding administrative control over the teaching staff in the primary section of the Institution and those in the Junior High School, High School and Intermediate levels. To prove that the primary section is an integral part of the Institution, the petitioners have placed on record a certificate dated 17.6.1981 issued by the Inspector, Sanskrit Pathshala. The case of the petitioners goes that in the year 1989, the State Government considered the provision of maintenance grant to fund salaries for teachers in the attached primary sections of conventional higher secondary institutions, where the primary section was recognized prior to the year 1973. A Government Order dated 6.9.1989 was issued, notifying a list of 393 institutions in the conventional system of education, whose attached primary sections were brought on Government grant-in-aid. The petitioners then say that a letter dated 5.3.1991 was issued by the Director of Education addressed to the Inspector, Sanskrit Pathshala, seeking information regarding attached primary sections of Sanskrit Schools, so that these could be considered by the Government for the purpose of extension of grant-in-aid to fund salaries of their teachers.

4. The matter, though in the notice of the State Government, did not receive attention, on