STATE OF U.P. & ORS. versus PAWAN KUMAR DIVEDI & ORS,

Citation: [2014] 13 S.C.R. 642 · Decided: 02-09-2014 · Supreme Court of India · Bench: RAJENDRA MAL LODHA · Disposal: Dismissed
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Judgment (excerpt)

A 
B 
(2014] 13 S.C.R. 642 
STATE OF U.P. & ORS. 
v. 
PAWAN KUMAR DIVEDI & ORS, 
(Civil Appeal No. 3989 of 2006) 
SEPTEMBER 2, 2014 
[R.M. LODHA, CJI, JAGDISH SINGH KHEHAR, 
J. CHELAMESWAR, A. K. SIKRI AND 
ROHINTON FALi NARIMAN, JJ.] 
c 
Service Law - Salary - Uttar Pradesh Junior High 
Schools (Payment of Salaries of Teachers and Other 
Employees) Act, 1978-ss. 2(j) and 10-UttarPradesh Basic 
Education Act, 1972- Three categories of recognised Junior 
High Schools; (one) having Classes I to VIII, i.e., Classes I 
o to V (Junior Basic School) and so also Classes VI to VIII 
(Semior Basic School), (two) a school as above and upgraded 
to High School or intermediate standard and (three) Classes 
VI to VIII (Senior Basic School) initially with no Junior Basic 
School (Classes I to V) being part of the said school- Dispute 
E in respect of third category of the schools where Classes I to 
V are added after obtaining recognition to the schools which 
arE1 recognized and aided for imparting education in Classes 
VI to VIII - Entitlement of teachers of primary section Classes 
I to Vin such schools to benefit of s.10 of the 1978 Act -
F 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 
- Held: If a Junior Basic School (Classes I to V) is added 
after obtaining necessary recognition to a recognized and 
G aided Senior Basic Sch9ql (Classes VI to Vil/), then surely 
such Junior Basic School becomes integral part of one 
school, i.e., Basic School having Classes I to VIII- Expression 
"Junior High School" in the 1978 Act is intended to refer to 
the schools imparting basic education, i.e., education up to 
H 
642 
STATE OF U.P. v. PAWAN KUMAR DIVEDI 
643 
VIII class - Merit in the argument that schools having Junior A 
Basic Schools and the Senior Basic Schools either 
separately or together are under the same Board, i.e., the 
Board of Basic Education, as per the 1972 Act- Junior High 
School necessarily includes Classes I to V when they are 
opened in a Senior Basic School (Classes VI to VIII) after B 
obtaining separate recognition and for which there may not 
be a separate order of grant-in-aid by the Government. 
Dismissing the appeals, the Court 
HELD:1. Recognised Junior High Schools can be C 
of three kinds: (one) having Classes I to VIII, i.e., Classes 
I to V (Junior Basic School) and so also Classes VI to 
VIII (Senior Basic School), (two) a school as above and 
upgraded to High School or intermediate standard and 
(three) Classes VI to VIII (Senior Basic School) initially D 
with no Junior Basic School (Classes I to V) being part 
of the said school. [Para 43][672-D] 
2. If a Junior Basic School (Classes I to V) is added 
after obtaining necessary recognition to a recognized E . 
and aided Senior Basic School (Classes VI to VIII), then 
surely such Junior Basic School becomes integral part 
of one school, i.e., Basic School having Classes I to VIII. 
It is not appropriate to give narrow meaning to the 
expression "Junior High School". That Legislature used F 
the expression Junior High School and not the Basic 
School as used and defined in the Uttar Pradesh Basic 
Education Act, 1972 is insignificant. This view is fortified 
by the fact that in Section 20) of the Uttar Pradesh Junior 
_High Schools (Payment of Salaries of Teachers and G 
Other Employees) Act, 1978, the expressions defined in 
the 1972 Act are incorporated. [Para 44][672-H; 673-A-D] 
3. There is merit in the argument that the schools 
having the Junior Basic Schools and the Senior Basic H 
644 
SUPREME COURT REPORTS 
[2014] 13 S.C.R. 
A Schools eith.er separately or together are under the same 
Board, i.e., the Board of Basic Education, as per the 1972 
Act. It is held, as it must be, that Junior High School 
nE!Cessarily includes Classes I to V when they are opened 
in a Senior Basic School (Classes VI to VIII) after 
B obtaining separate recognition and for which there may 
n<>t be a separate order of grant-in-aid by the 
Government. [Para 46][67 4-C-E] 
c 
D 
E 
F 
G 
H 
Vi nod Sharma and others v. Director of Education 
(Basic) U.P and Others (1998) 3 SCC 404 : 1998 
(2) SCR 382 - affirmed. 
TMA Pai Foundation v. State of Karnataka 
(2002) 8 sec 481 : 2002 (3) Suppl. scR 587; 
J.P Unnikrishnan v. State of AP (1993) I SCC 
645 : 1993 (1) SCR 594; State of HP v. HP State 
Recognised High Schools Managing Committee 
(1995
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