Allowed

C/M Nehru Junior High School and 12 Others v. State of U.P. and 2 Others

Allahabad HC25 Apr 2022WRIA/6044/2022

Case brief

AI extract

What is this about?

The Court quashed an order rejecting grant-in-aid for a Group B junior high school. Relying on precedents, the Court directed the State to reconsider claims based on the principle of composite integrality and equality.

What did the court decide?

Direction to the Principal Secretary, Basic Education, U.P., to pass appropriate orders within two months and quashing of the impugned order dated 07.10.2021.

C/M Nehru Junior High School and 12 Others Vs… — Education and Admissions | Allahabad HC (2022)

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Court No. - 32

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Case :- WRIT - A No. - 6044 of 2022

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Petitioner :- C/M Nehru Junior High School And 12 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Siddharth,J.

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The petitioner has approached this Court praying for quashing of the order dated 07.10.2021 passed by respondent no. 1, Principal Secretary, Basic Education, Government of Uttar Pradesh, Lucknow, whereby the application for grant-in-aid has been rejected 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.

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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".

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The institution of the petitioners comes under the 'B' category and therefore, learned counsel for the petitioners states that their institution is entitled to get the grant-in-aid from the government.

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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.

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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

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within two months.

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The impugned order dated 07.10.2021 passed by the Principal Secretary, Basic Education, Government of Uttar Pradesh, Lucknow, is hereby quashed.

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Accordingly, the writ petition is allowed.

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Order Date :- 25.4.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.04.25 16:20:25 IST Reason: Location: High Court of Judicature at Allahabad

C/M Nehru Junior High School and 12 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

C/M Nehru Junior High School and 12 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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