IMPORTANT POINTS
Primary education is a fundamental right.
Determination of meaning of an expression in the statute cannot be done with help of rule made under different statute.
“Junior High School” in section 10 of 1978 Act refers to the schools imparting basic education, i.e., education up to VIII class; irrespective of whether class I to V was added after recognition of the Senior Basic School.

Headnote:(a) Constitution of India – Article 45 and 21-A – Right of children up to the age of 14 to receive education – Primary education is a fundamental right. (Para 33, 36)
       (1993) l SCC 645; (2002) 8 SCC 481; (1995) 4 SCC 507 – Relied upon
       (b) Interpretation of statute – Determination of meaning of an expression in the statute – Cannot be done with help of rule made under different statute – Definition of “Junior High School” in the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 – Cannot be judicially noticed for the purposes of construction and obligation of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978. (Para 40, 41, 42)
       AIR 1961 SC 751; (2007) 15 SCC 161; 1933 All ER 52; (2008) 4 All ER 640; AIR 1961 SC 652; 1989 Supp 1 SCC 168; (2007) 8 SCC 705; (2010) 1 SCC 639 – Distinguished impliedly
       (c) Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 – Section 10 – No dispute regarding applicability of section 10 to Junior Basic School or Senior Basic School, and same upgraded to High School or intermediate standard – Junior school added to aided Senior Basic School after its recognition – “Junior High School” refers to the schools imparting basic education, i.e., education up to VIII class – Irrespective of whether class I to V was added after recognition of the Senior Basic School – After addition to Senior Basic School, Junior Basic School becomes integral part of one school, i.e., Basic School having Classes I to VIII. (Para 43, 44)
       (d) Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 – Section 10 – Separate recognition obtained for Classes I-V not with a separate order of grant-in-aid – Opened in a Senior Basic School (VI-VIII) – The entity becomes Junior High School comprising Class I-VIII. (Para 46)
       (1998) 3 SCC 404 reported in (2006) 7 SCC 745 – Affirmed
       Facts of the case:
       The common question for consideration in this group of seven appeals is whether teachers of privately managed primary schools and primary sections of privately managed high schools are eligible to receive their salaries from the State Government?
       Finding of the Court;
       The moot question raised in this group of appeals is answered in the affirmative.
       Vinod Sharma affirmed.

Judgement Key Points

Question 1?

Question 2?

Question 3?

JUDGMENT :

R.M. LODHA, CJI.

The common question for consideration in this group of seven appeals is whether teachers of privately managed primary schools and primary sections of privately managed high schools are eligible to receive their salaries from the State Government?

2. These appeals were first listed before the two-Judge Bench. While noticing the provisions of Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short ‘the 1971 Act’), Uttar Pradesh Basic Education Act, 1972 (for short ‘the 1972 Act’), Uttar Pradesh Recognised Basic Schools (Recruitment and Conditions of Service of Teachers and Other Conditions) Rules, 1975 (for short ‘the 1975 Rules’), Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 (for short ‘the 1978 Act’), Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (for short ‘the 1978 Rules’), the two-Judge Bench felt that a three-Judge Bench decision of this Court in Vinod Sharma and others v. Director of Education (Basic) U.P. and others; [(1998) 3 SCC 404] reported in (2006) 7 SCC 745 required reconsideration.

3. The relevant portion of the reference order dated 08.09.2006 reads as follows:

“In the present appeals, submissions which were similar to those raised in the writ petitions filed by Vinod Sharma1 and others before the High Court and in the special leave petition in this Court have been repeated and reiterated. What has been highlighted is the fact that having regard to the various government orders, it would be quite evident that the State Government had never intended to bring the primary sections of the different junior basic schools, junior high schools and intermediate colleges within the scope of the Payment of Salary Act, 1978 and that a deliberate and conscientious decision was, therefore, made in treating the “junior basic schools” differently from “junior high schools”. It is the latter category of schools that were brought within the scope of the Payment of Salary Act, 1978.

While noticing the fact that “junior basic schools” and “junior high schools” were treated differently, the High Court and, thereafter, this Court appear to have been swayed by the fact that certain schools provided education from Classes I to X as one single unit, although, the same were divided into different sections, such as, the primary section, the junior high school section, which were combined together to form the junior basic section from Classes I to VIII, and the high school section comprising Classes IX and X. In fact, in one of these appeals where a recognised Sanskrit institution is involved, the said institution is imparting education both for the primary section, the high school section, the intermediate section and the BA section. The Mahavidyalaya is thus imparting education from Class I up to graduate level in a recognised institution affiliated to the Sampurnanand Sanskrit University, Varanasi. It has been contended by Dr. Padia on behalf of the institution that the said institution is one unit having different sections and the teachers of the institution are teachers not of the different sections but of the institution itself and as a result no discrimination could be made amongst them. This was precisely one of the arguments advanced in Vinod Sharma and others v. Director of Education (Basic) U.P. and others; [(1998) 3 SCC 404] reported in (2006) 7 SCC 745 which was accepted by this Court.

However, it appears to us that both the High Court and this Court appear to have lost sight of the fact that education at the primary level has been separated from the junior high school level and separately entrusted under the different enactments to a Board known as the Uttar Pradesh Board of Basic Education constituted under Section 3 of the Uttar Pradesh Basic Education Act, 1972 and the same Board was entrusted wi