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.

Judgment :

Arun Kumar, J.

1. Heard Sri Anoop Trivedi, Learned Additional Advocate General, assisted by Sri Tej Bhanu Pandey, Learned Standing Counsel, for the Appellants Sri Rajesh Kumar Singh and Sri Vivek Kumar Singh for the respondents.

2. SPLA No.213 of 2025, SPLA No.214 of 2014, SPLAD No.4 of 2025, SPLAD No.7 of 2025 and SPLA D No.9 of 2024, arises out of Writ-A No.1659 of 2020, Writ-A No.15455 of 2019, Writ-A No.10873 of 2021, Writ-A No.10962 of 2021 and Writ-A No.3215 of 2021, respectively.

BRIEF FACTS

3. Writ-A No.1659 of 2020, Writ-A No.10962 of 2021 and Writ-A No.3215 of 2021, had been filed by Assistant Teachers of Mahamana Malviya Ansuchit Jati Primary Pathsala, Jakariya, Rasra, District Ballia, seeking quashing of the order of the respondent-appellant no.1, the State Government, dated 10.05.2019, rejecting their claim for providing recurring grant to their Institution. A further direction was sought to direct the respondent -appellants to take their institution on the grant-in- aid list and pay salary to the petitioners from the state exchequer. The aforesaid Institution was granted recognition by the order of the Zila Parishad, Ballia, dated 31.01.1970. The petitioners of the aforesaid three writ petitions claim to have been appointed in the Institution between 01.07.2000 to 08.07.2017, by the Committee of Management. The petitioners set up their claim for the first time through their representation dated 15.02.2018, before respondent-appellant no.1.

4. Writ-A No.15455 of 2019, had been filed by the Committee of Management of Shree Shivmangal Chaudhari Primary Vidyalay, Bandhawa Kalyan, Manjhanpur, District Kaushambi, seeking quashing of the order dated 22.02.2019, passed by the respondent-appellant no.1, rejecting the claim of the petitioner-respondent for providing recurring grant to its institution from the Department of Social Welfare, Govt. of U.P. The aforesaid Institution was granted permanent recognition by the order of the Zila Basic Shiksha Adhikari, Allahabad, dated 17.07.1987. The petitioner institution had set up its claim by filing its representation dated 13.10.2018, before respondent-appellant no.1.

5. Writ-A No.10873 of 2021, had been filed by 9 Assistant Teachers and 1 Peon, of Sant Ravidas Prathamik Vidyalay, Malap No.1, Yogivir, Ghoghaea, District Ballia, seeking quashing of the order of the respondent-appellant no.1, the State Government, rejecting the claim of the petitioner-respondents, for providing recurring grant to their institution, by the Department of Social Welfare. The aforesaid Institution was granted recognition by the order of the Zila Basic Shiksha Adhikari, Ballia, dated 23.02.1996. All the petitioners have been appointed in the aforesaid institution between 01.07.2005 to 01.07.2015, by its Committee of Management. They had set up their claim for the first time before the respondent-appellant no.1, through their representation dated 07.05.2018.

6. In all the aforesaid writ petitions, the basis of the claim of the writ petitioners were that they are working as Assistant Teachers and Peon in private recognized primary schools, imparting basic education from classes I to V, having more than 50% students belonging to scheduled caste and scheduled tribes, therefore, their institutions are entitled for recurring grant, from the Department of Social Welfare, Government of U.P. It was