Advocates:
['SATYENDRA CHANDRA TRIPATHI', '', 'SHIV POOJAN YADAV', 'C S C']

Court No. - 34

Case :- WRIT - A No. - 15020 of 2021

Petitioner :- Manoj Kumar And 9 Others

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv

Poojan Yadav

Counsel for Respondent :- C.S.C.

Hon'ble Siddharth,J.

The petitioner has approached this Court praying for

quashing of the order dated 28.09.2021 passed by respondent

no. 1, Principal Secretary, Basic Education, Government of

Uttar Pradesh, Lucknow, whereby the grant-in-aid extended to

the Varun Singh, Smarak Junior Highschool, Qutubpur, Vikas

Khand- Jaansath, District- Muzaffarnagar, was withdrawn on

the ground that the Junior Basic School and Junior High

School are different institutions and no grant-in-aid is

payable to the primary section of the institution.

Learned counsel for the petitioners has relied upon the

Division Bench judgement of this Court in WRIT- A No. 20751

of 2019 whereby this Court in paragraph no. 201 (ii) has

held that the institutions falling in Group 'B' & 'C' are

held to be covered under the provisions of Payment of

Salaries Act' 1978 as amended by 2017 Amendment namely U.P.

Act No. 3 of 2018 and has directed the State to reconsider

the claims of such institutions for providing grant-in-aid

in the light of the principle of 'composite integrality' or

"oneness of the institution".

The institution of the petitioners comes under the 'C'

category and therefore, learned counsel for the petitioners

states that their institution is entitled to get the grant-

in-aid from the government.

Learned Standing Counsel appearing on behalf of the State-

respondents has not disputed the ratio of the judgement in

the case of C/M Adarsh Gramin Vidyalaya Sonakpur, Harthala

and 8 others Vs. State of U.P. and 11 others.

In view of the above, this writ petition is disposed of

directing the respondent no. 1, Principal Secretary, Basic

Education, Government of Uttar Pradesh, Lucknow, to pass

appropriate orders in view of the judgement relied upon

hereinabove.

The impugned order dated 28.09.2021 passed by the Principal

Secretary, Basic Education, Government of Uttar Pradesh,

Lucknow, is hereby quashed.

Accordingly, the writ petition is allowed.

Order Date :- 24.3.2022

KS

Digitally signed by KISHAN SINHA

Date: 2022.03.25 11:01:37 IST

Reason:

Location: High Court of Judicature

at Allahabad