Allahabad High Court
C/M Madarsa Talimul Islam And Another vs State Of U.P. And 2 Others on 12 December, 2019
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 57399 of 2017 Petitioner :- C/M Madarsa Talimul Islam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Upadhyaya,Rajan Upadhyay Counsel for Respondent :- C.S.C.,Deo Dayal Hon'ble Vivek Kumar Birla,J.
Heard Sri Rajan Upadhyay, learned counsel for the petitioners and Sri Dev Dayal, learned counsel appearing for respondent no.3 and learned Standing Counsel appearing for the State-respondents and have perused the record.
Present petition has been filed for directing and commanding the respondent no.1 to take the primary section of the petitioner's institution on the grant-in-aid list and to ensure payment of salary of teaching and non-teaching staff of the primary section of the institution also from the State Exchequer.
At the very outset, learned counsel for the petitioner and the learned Standing Counsel agree that the controversy involved in the present writ petition is fully covered by a decision of this Court dated 25.11.2019 passed in writ petition no.38357 of 2019 (C/M Janta Inter College and Another vs. State of U.P.and Another).
The said judgement dated 25.11.2019 is quoted hereinunder:-
"Heard counsel for the petitioners and learned standing counsel for the State.
By this petition under Art. 226 of the Constitution, the petitioners have prayed for a direction in the nature of mandamus commanding the respondents, specifically Additional Chief Secretary (Secondary Education), Govt. of U.P., Lucknow to pass appropriate order bringing the attached primary section of the petitioner-institution under the grant in aid list.
Contention of the counsel for petitioners is that petitioner has applied for bringing the attached primary section of its institution under the grant in aid list on 25.6.2019 but nothing has been done in the matter so far.
On the other hand, learned standing counsel has placed reliance on the decision dated 20.9.2019 of this Court in Writ -C No. 4400 of 2019 filed by M/s G.S. Convent School alongwith other connected petitions, wherein the State Government was directed to adhere to the following directions :
"I. The respondents authorities shall create norms for recognition as well as for grant of government aid to schools consistent with this judgment;
I-A. The norms for recognition and grant of government aid to schools shall include the playgrounds of appropriate size and require mandatory plantation of trees and flora in the school campus for grant of recognition as well as government aid;
I-B. The norms for recognition and grant of government aid to schools shall also include detailed building bye-laws and architectural requirements after taking inputs from urban planers, architects, educationists and other experts and in conformity with this judgment;
II. The exercise of creating the infrastructure norms mentioned above for recognition of schools and grant of government aid shall be completed within a period of five months from today;
III. The procedures and details of inspection of the schools shall also be created afresh in light of the directions in this judgment;
IV. The applications of all the petitioners and all other pending applications for recognition and grant of aid shall be considered after creation of the norms in accordance with the said norms and in light of directions of Hon'ble Supreme Court in Pawan Kumar Dwivedi (supra) and this Court in Paripurna Nand Tripathi (supra). Even in matters where the application for grant of recognition or for government aid has been rejected for any reason, the same shall be considered afresh along with all pending applications;
V. The Government Orders regarding evaluation norms and directions for providing safe transportation, weight of school bags, shall also be issued and implemented;
VI. The Chief Secretary, State of U.P. shall constitute a committee of various departments to ensure concert in functioning and coordination in implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and directions in this judgment. Appropriate authority shall also regularly interface with the Government of India for grant of funds in terms of the provisions of the Right of Children to Free and Compulsory Education Act, 2009;
Heard counsel for the petitioners and learned standing counsel for the State.
By this petition under Art. 226 of the Constitution, the petitioners have prayed for a direction in the nature of mandamus commanding the respondents, specifically Additional Chief Secretary (Secondary Education), Govt. of U.P., Lucknow to pass appropriate order bringing the attached primary section of the petitioner-institution under the grant in aid list.
Contention of the counsel for petitioners is that petitioner has applied for bringing the attached primary section of its institution under the grant in aid list on 25.6.2019 but nothing has been done in the matter so far.
On the other hand, learned standing counsel has placed reliance on the decision dated 20.9.2019 of this Court in Writ -C No. 4400 of 2019 filed by M/s G.S. Convent School alongwith other connected petitions, wherein the State Government was directed to adhere to the following directions :
VII. The said committee shall submit a compliance report to the Chief Secretary on the state of implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the directions in this judgment, on a six monthly basis;
VIII. The Chief Secretary, State of U.P., shall issue appropriate directions from time to time to the said committee and ensure that the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and directions in this judgment, are implemented rigorously and on a time bound basis;
IX. A website shall be created by the State Government at the state level as well as the district level under the caption "Saakshar Pradesh Shashakt Desh" (?????? ?????? ????? ???), which shall upload the progress of implementation of these directions, and the provisions of the Right of Children to Free and Compulsory Education Act, 2009, details of schools in various neighbourhoods, inspections made by the State Authorities, and other data as may be deemed appropriate on an up to date basis;
X. The existing schools which were granted affiliation under the Government Order dated 08.05.2013 and the Government Order dated 11.01.2019, shall be granted time till the end of the next academic session i.e. till 31.03.2021 to comply with the above said requirements and new norms for grant of recognition and government aid;
XI. After 31st March, 2021, the State Government shall proceed in accordance with law against the said schools, which fail to fulfill the new infrastructure requirements and norms. (This shall not apply to ongoing proceedings against non-compliant schools). However, at all times, the welfare of the students shall be protected and arrangements for admission to alternative schools shall be made in regard to children from schools which are not compliant with the norms for recognition and grant of aid."
In view of the above, this matter is accordingly remitted to the State Government and a direction is issued upon the Additional Chief Secretary (Secondary Education), Govt. of U.P., Lucknow to take a decision in the matter in accordance with law expeditiously, in the light of the above directions.
With the aforesaid direction, the writ petition stands finally disposed of. No order as to costs."
Consequently, the present petition is also disposed of in terms of the aforesaid judgement dated 25.11.2019 as quoted above.
Order Date :- 12.12.2019 Aditya