STATE OF U.P. AND ORS. versus COMMITTEE OF MANAGEMENT AZAD UCHCHTAR MADHYAMIK VIDYALAYA AND ANR.

Citation: [1997] 1 S.C.R. 837 · Decided: 03-02-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Disposed off

Judgment (excerpt)

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J 
STATE OF U.P. AND ORS. 
A 
v . 
.... 
COMMITTEE OF MANAGEMENT AZAD UCHCHTAR 
MADHYAMIK VIDYALAYA AND ANR. 
FEBRUARY 3, 1997 
B 
' 
[K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
i 
_; 
Payment of Salary Act, 1971 : 
High School upgraded in 1974-Primary section attached to the High c 
School-Non-payment of salary to Teachers-Trained teachers to be paid 
salary as per the Act from the date of acquiring qualifications or from the 
date of their assuming charge as teachers-Untrained Teachers-District In-
spector of School after notice to the Teachers and Management, to make 
enquiries and decide the rates as per Govemment ml es and the period for 
which payment is to be made-Also to decide the procedure for appointment D 
of the untrained Teachers-Enquiry to be completed within two months and 
/ 
then payment of salary to be made to the untrained teachers as per 
\ 
rules-Directions issued-Service Law. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 700 of E 
1997. 
From the Judgment and Order dated 7.9.94 of the Allahabad High 
Court in S.A. No. 131of1993. 
=' 
T.N. Singh for R.B. Misra for the Appellants. 
F 
> 
R.P. Gupta for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. We have heard counsel on both sides. 
This appeal by special leave arises from the judgment of the Division G 
Bench of the Allahabad High Court, made on September 7, 1994 in Special 
Appeal No. 131/93 . 
.., 
The Division Bench by the impugned order has directed the Inspec-
tor of Schools to inspect the primary school covered under the provisions H" 
837 
838 
SUPREME COURT REPORTS 
(1997) 1 S.C.R. 
A of Payment of Salary Act, 1971 to find out whether the primary section has 
been merged or attached to the High School which was upgraded in 1974, 
whether the teachers have been working in that school and whether salary 
was to be paid to such teachers who are working as per the said report. 
We have called for the said report in that behalf. In the report dated 
B 25.1.1997, the District Inspector of Schools has stated that the inspection 
of the attached primary section of the respondent-Institution was made on 
January 7, 1997. It is further stated that the primary section of the school 
was recognised as an attached institution as per the orders of the District 
Inspector of Schools, Gorakhpur, dated September, 6, 1989 and the pay-
ment of salary to the teachers of the primary section attached to the High 
C School was being made under the Payment of Salary Act, 1971. But after 
the school was detached from the list of the approved schools, the payment 
of salary came to be stopped. It is further stated that as per the records of 
the Institution, the attached Primary School is continuing from the year 
1970. It is also stated that "(I)n the attached Primary Section of the 
D institution total number of 21 teachers are teaching in which 19 (Nineteen) 
teachers are untrained and 2 (Two) are trained". More details have been 
furnished in the report. As regards the number of the students found in 
the Primary section of the institution, it is furnished in the report that as 
on 7.1.97 a total number of 859 student had been registered and 611 
students were present. It is further stated that "(T)he present attached 
E Primary Section is governed by the same Authorised Controller/Principal 
of the Higher Secondary School and the education is imparted within the 
same campus as per rules." 
In view of the above report, the question arises : whether the Primary 
F section of the respondent-Institution should be continued to be attached 
to the High School or should be detached and whether a separate school 
is required to be established under the Basic Shiksha Parishad. When we 
put the question to the learned counsel for the State whether any separate 
school has been established in that village, he is unable to give us any 
information in that behalf. It would be obvious from the report submitted 
G that no other Government school appears to be functioning there. Other-
wise, the Inspector would have reported in that behalf. 
In view of the fact that more than 600 students, as against more than 
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800 students enrolled, are actually studying in the school, we think that 
H attachment of the Primary section from 1970 to the upgraded school of 
., .. 
STAIB,. COMMlITEEOF MANAGEMENT AZAD UCHCHTARMADHYAMIKVIDYA!.AYA 
839 
1974 would be justified. However, with regard to payment of salary, it is A 
not clear from the rec

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