C/M Shyam Jeera Junior High School vs State of U.P. and Others

We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare for the Appellant. Learned Standing Counsel appears for Respondent No. 1. Shri U.N. Sharma, Senior Advocate assisted by Shri B.P. Singh appears for Respondent Nos. 2 and 3.

In this intra-court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 the Petitioner-Appellant is aggrieved by the judgment of this Court dated 18.8.2010 in Writ Petition No. 5344 of 2008, by which learned Single Judge did not find any good ground or material to interfere with the Government Order dated 14.12.2007, refusing to bring the primary section of the institution within the parameters of the Government Orders issued from time to time in order to provide financial aid.

In the third round of litigation the Committee of Management of Shyam Zeera Junior High School, Kunjalgarh, Ram Chaura, District Gorakhpur challenged the Government Order dated 14.12.2007 passed in pursuance to the order of this Court dated 14.9.2007 in Writ Petition No. 98133 of 2007. After perusing the entire material produced by the Petitioner and hearing the Petitioner and concerned authorities, the Secretary, Basic Education, Government of U.P. recorded findings that both the schools namely Junior High School (Classes VI to VIII) and the primary section (Classes-I to V) were separately registered on 30.8.1974. Since the society was registered on 30.8.1974, there was no question of running the school from the year 1972-73. The Junior High School and the primary section were given permanent recognition on 5.5.1980 and 3.7.1983 respectively. The claim set up by the Petitioner, that the primary section was attached and was running along with the Junior High School since 1972-73, was found to be a false claim.

The Secretary, Basic Education further found that there is no teacher appointed in the primary section under the Rules of 1975, and that the order of regularization dated 24.1.1994 and the orders of exemption from training dated 11.8.1997 in respect of 18 teachers are fake documents. It was also found that the judgment in State of U.P. v. P.K. Dwivedi 2007 (1) UPLBEC 200 by the Supreme Court has been referred to a Larger Bench and that the matter is still pending.

Learned Single Judge found that no document has been placed before the Court, which may substantiate the allegations that the primary section was running prior to the registration of the institution on 30.8.1974. The claim set up by the Petitioner, that the primary section was attached and was running along with Junior High School since 1972-73, was not established by it.

Some more documents have been annexed with this special appeal namely the temporary recognition of the year 1973. Shri Ashok Khare submits that it is difficult to believe on the findings recorded in the earlier writ petition that the High School and primary section were not running together and that the dates on which permanent recognition was given to the Junior High School and primary section on 5.5.1980 and 3.7.1983 will not lead to any inference that the primary section was not attached to Junior High School.

We find that no reason has been given in the appeal as to why the documents in possession of the Petitioner were not brought on record at the time of hearing before the State Government.

Apart from other reasons, the State Government has also found that at the time of making the application for grant-in-aid for Junior High School (Class 6 to 8) the Petitioner never disclosed that primary section is running attached with Junior High School. The claim was made by the Petitioner much later and was based on dubious documents.

The findings recorded by the State Government are pure findings of fact based on the records produced by the Petitioner and State authorities. Learned Single Judge did not find any good ground to interfere with these findings.

We do not find any illegality in the judgment of learned Single Judge in refusing to interfere with the findings of State Government in its order dated 14.12.2007.

The Special Appeal is dismissed.