State of U.P. and Anr. vs Mathura Patan Gramin Junior High School Pakheri,Basti & Anr.

Heard learned standing counsel and Sri Rajesh Kumar Yadav learned counsel appearing for respondents.

This appeal is directed against the order dated 14th December, 1992 passed by the learned single Judge in Writ Petition No 17600 of 1991 by which the appellants have been directed to give grant inaid to the institution Mathura Patan Gramin Junior High School, Pakheri, Basti.

Learned standing counsel has submitted that as per the Government Order dated 29th March 1990, the norms have been fixed for including the institutions in the list of grantinaid and until all the conditions provided therein are not fulfilled, the institution could not be legally directed for such inclusion. The learned standing counsel has submitted that three teachers shown at SI. No. 3, 4 and 5 namely. Sri Haridev Ram Yadav, Sri Jagannath and Sri Lal Ji Misra were untrained teachers and hence the requirement of ClasueA(4) of the Government Order dated 29th March, 1990 was not fulfilled, which read as under:

The learned standing counsel has submitted that the institution was rightly refused to be included in the grantin aid list under the aforesaid G.O. and the learned single Judge was not justified in directing payment of the grantinaid.

The learned counsel for the respondents, on. the other hand, has submitted that under the relevant Government Orders dated 16th July, 1985, 6th September, 1994 and 21101994, a general exemption has been granted to the untrained teachers and in view of the aforesaid Government Orders, the teachers shown at SI. No. 3, 4 and 5 could not be termed untrained and grantinaid could not be legally refused.

We have considered the submissions of the learned counsel for the parties. In our opinion, it appears that the aforesaid Government Orders, granting general exemption from training to those teachers who completed 10 years continuous service, were nor brought to the notice of the authorities who considered the question of grantinaid and in ignorance of this fact, the grantinaid was refused to institution. Having regard to the facts and circumstances of the case, in our opinion, it is a fit case where the appellants may be directed to consider the matter of grantinaid to the institution afresh in the light of the Government Orders granting general exemptions to teachers from training, with in a period of three months from the date of filing a certified copy of this order before the appellant No. 2. It shall be open to the respondent herein to place all the relevant Government Orders by which general exemptions was granted to the teachers from the training.

With the aforesaid directions, the special appeal is finally disposed of. There will be no order as to costs.