Disposed

The Kisan Education Society and Another v. State of U.P. and 04 others

Allahabad HC12 Mar 2018WRIA/7547/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directions to include a primary section school in the grant-in-aid list. The petitioners contended that the District Basic Education Office lacked authority and the grievance should be addressed by the Secretary, Basic Education, citing apex court precedents.

What did the court decide?

Direction to the Secretary, Basic Education, U.P. Government, Lucknow to look into the grievance and pass appropriate order within three months.

The Kisan Education Society and Another Vs State… — Education and Admissions | Allahabad HC (2018)

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Court No. - 18

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Case :- WRIT - A No. - 7547 of 2018

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Petitioner :- The Kisan Education Society And Another Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- B.S. Pandey Counsel for Respondent :- C.S.C.,Manu Singh

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the petitioner and Shri P.K. Pandey, learned Addl. Chief Standing Counsel. Shri Manu Singh has accepted notice on behalf of fourth respondent.

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With the consent of learned counsel for the parties, the writ petition is being decided without calling for counter affidavit.

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The petitioners are before this Court assailing the order dated 7.1.2018 passed by the fourth respondent i.e. District Basic Education Officer, Sant Kabir Nagar and for a direction to the respondents to take the attached primary section Kisan Montessory School Pachpokhari, Sant Kabir Nagar into grantin-aid list under U.P. Act No.6 of 1979.

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It is contended that the petitioners have earlier been before this Court by preferring Writ Petition No.54540 of 2016 (The Kisan Educational Society & Anr. v. State of U.P. & Ors.), which was disposed of by this Court on 19.11.2016 asking the District Basic Education Officer, Sant Kabir Nagar to decide the claim of the petitioner-Committee of Management in the light of the judgment of Hon'ble Apex court in State of U.P. & Ors. v. Pawan Kumar Dwivedi & Ors., JT 2014 (10) SC 190 and the Division Bench of this Court in C/M Ganna Vikas Shishu Shiksha Niketan v. State of U.P. & Ors., Writ-A No.61471 of 2006.

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Learned counsel for the petitioners states that due to inadvertence the aforesaid direction was issued to District Basic Education Officer, Sant Kabir Nagar (BSA, Sant Kabir Nagar), who has proceeded to reject the claim of the petitioners vide impugned order on the ground that the claim of the management is liable to be considered only by the Secondary Department. It is contended that BSA, Sant Kabir Nagar has no authority to decide the controversy.

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Learned counsel for the petitioners further apprises to the Court that in similar circumstance another writ petition being Writ Petition No.61471 of 2006 (C/M Ganna Vikas Shishu Shiksha Niketan v. State of U.P. & Ors.) has been filed assailing the

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order dated 18th August, 2006 whereby the prayer for grant of salary and other benefits to the teachers attached to the primary section of the Junior High School has been turned down on the ground that the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 has no application. The aforesaid writ petition was disposed of on 28.09.2015 asking the State Government to decide the claim of the petitioner in the light of the law laid down in Pawan Kumar Dwivedi (Supra) within three months.

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In this backdrop, it is contended that District Basic Education Officer is not the competent authority and the Secretary, Basic Education is the authority concerned to redress the grievance of the petitioners. As such the request has been made that the claim of the petitioners-Committee of Management is liable to be considered by the competent authority in view of law laid down by Hon'ble the Apex Court in State of U.P. & Ors. v. Pawan Kumar Dwivedi & Ors. (Supra) and the Division Bench of this Court in C/M Ganna Vikas Shishu Shiksha Niketan (Supra).

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the Secretary, Basic Education, U.P. Government, Lucknow to look into the grievance of the petitioners and pass appropriate order in view of law laid down by Hon'ble the Apex Court in State of U.P. & Ors. v. Pawan Kumar Dwivedi & Ors. (Supra) and the Division Bench of this Court in C/M Ganna Vikas Shishu Shiksha Niketan (Supra) expeditiously and preferably within three months from the date of production of certified copy of this order.

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Order Date :- 12.3.2018 SP/

The Kisan Education Society and Another v. State of U.P. and 04 others

Case brief

What is this about?

What did the court decide?

The Kisan Education Society and Another v. State of U.P. and 04 others

Case brief

What is this about?

What did the court decide?

What the court decided

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