LexSTATE OF U.P. AND ORS. versus COMMITTEE OF MANAGEMENT, M.T.S. VIDYA MANDIR AND ORS.
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A B [2009] 15 (ADDL.) S.C.R. 1276 STATE OF U.P. AND ORS. v. COMMITTEE OF MANAGEMENT, M.T.S. VIDYA MANDIR AND ORS. (Special Leave Petition (C) No. 4630 of 2008) DECEMBER 02, · 2009 [ALTAMAS KABIR AND .CYRIAC JOSEPH, JJ.] Grant-in-aid: Cut off date - By Notification dated 7.9.2006, C 1000 unaided permanently recognized Junior High Schools were brought on grant.:.in-aid list but with a condition that only Junior High Schools were entitled to apply and institutions imparting education below or higher than classes 6 to 8 were not eligible to apply - Respondent institutions were D recognised as Junior High School c:.nd upgraded subsequently to High School and intermediate levels - Th~y were excluded from the grant;..in-aid Scheme - Held: It would not be fair to exclude such unaided institutions which were also imparting education, either at the Primary or the Higher E Secondary level, from the grant-in-aid scheme, inasmuch as, they too continued to have Junior High Schools imparting education for classes 6 to 8 ,..... Uttar Pradesh Basic Education Act, 1972 - Uttar Pradesh Intermediate Education Act, 1921 - Uttar Pradesh Recognised Junior High Schools (Payment F of Salaries of Teachers and other Employees) Act, -1978. Uttar Pradesh Recognised Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978: s.13A -- Constitutionality of - s.13A was introducP'.i in the 1978 Act as transitory provision to continue to proVJde aid G to Junior High School despite their upgradatir., as High School or intermediate school - The prcivision was applicable only to the educational institutions which r6c3ived grant-in-aid prior to 30. 6. 1984 - High Court held the provision as arbitrary H 1276 STATE OF U.P. v. COMMITTEE OF MANAGEMENT, 1277 M.T.S. VIDYA MANDIR - Held: Justified - Such provision was in violation of the A equality clause enshrined in Article 14 of the Constitution - Constitution of India, 1950 - Article 14 - Uttar Pradesh Basic Education Act, 1972 - Uttar Pradesh Intermediate Education - Act, 1921. The Respondent institutions were recognized as B Junior High Schools between the years 1983 and 1986. When they wer_e granted recognition as Junior High Schools, they were not brought within the grant-in-aid scheme framed by the State Government, inasmuch as, the cut off date for receiving such grant was fixed as 30th C June, 1984 on the basis of seniority prepared in re5pect of eligible institutions. Not having received recognition, the Respondent institutions did not get the benefit of grant-in-aid for the Junior High School Section. The said institutions thereafter applied for upgradation to High D School and Intermediate levels, which was allowed as per the provisions of the U.P. Intermediate Education Act, 1921, but subject to the condition that new and higher upgraded classes would be run on a self-financing basis. E By its notification dated 7th September, 2006, the Directorate of Basic Education, U.P. decided to bring 1000 unaided permanently recognized (A class) Junior High Schools on its grant-in-aid list but included a condition that only Junior High Schools would be entitled F to apply. It was categorically indicated that institutions imparting education below or higher than classes 6 to 8 would not be eligible to apply. As a result, the Respondent institutions were completely excluded from the grant-in-aid Scheme. Respondent-Institutions filed G writ petitions. High Court allowed the writ petitions and directed authorities to consider the case of institutions. Hence these special leave petitions. Dismissing the Special Leave Petitions, the Court H 1278 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R. A HELD: Admittedly, 'some of the Junior High Schools were enjoying the benefit of the grant-in-aid Scheme on the basis of seniority having regard to the cut-off date for grant of recognition to Junior High Schools. The Respondent institutions were not considered for the B grant-in-aid Scheme as they had not been granted recognition as Junior High Schools prior to the said cut- off date. Since most of the Junior High Schools had subsequently been upgraded and granted recognition to conduct higher classes from classes 9 to 12 and by C virtue of the U.P. Intermediate Education Act, 1921 were disentitled to receive aid at the Junior High School level, the State Government by inserting Section 13A in the U.P. Recognise
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