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J. J. MUNIR
Committee of Management, Digvijay Nath Inter College through Manager – Appellant
Versus
State of U. P. through Secretary Secondary Education – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition has come up for hearing after remand by the Division Bench in an appeal under Chapter VIII Rule 5 of the Rules of Court carried by the State from the judgment and order dated 19.10.2012, allowing the writ petition.
2. This writ petition is directed against the order of the Director of Education (Secondary) dated 17th November, 2006, refusing extension of maintenance grant to the attached primary section of the Digvijay Nath Inter College, Chowk Bazar, Maharajganj. The writ petition has been preferred by the Management of the aforesaid College. Beyond laying a challenge to the order of the Director of Education, denying the maintenance grant, the petitioners further seek a mandamus to the respondents to extend grant-in-aid to the attached primary section of the College under the provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short, 'the Act of 1971').
3. The short facts, giving rise to this petition, are these:
The Digvijay Nath Inter College, Chowk Bazar, Maharajganj (for short, 'the Institution') is an intermediate college, recognized under the In
The court affirmed the right to maintenance grant for the primary section of an institution, emphasizing its integral relationship with the main institution under the Act of 1971.
The main legal point established in the judgment is that the State Government complied with the court's order to revisit and reframe the policy, and the applicants did not qualify the test of composi....
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 ....
The Right to free education does not confer entitlement to recurring aid for all private primary schools; compliance with legal requirements is essential for salary claims against the State.
The obligation of the State to provide free education under Article 21A does not create an automatic right for private institutions to receive recurring grants from the government.
The court established that an institution's right to grant-in-aid crystallizes under earlier government orders, and arbitrary denial based on newer policies violates constitutional rights.
The Government cannot discriminate between recognised secondary schools by denying grants-in-aid to one school while providing them to others, as such discrimination violates Article 14 of the Consti....
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