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The U.P. Board of Basic Education Act' 1972 (in short as the Act' 1972) provides for the establishment of the Board of Basic Education and for matters connected therewith. The object of the Act is to strengthen the Basic Education (Primary and Junior High School) by reorganizing, reforming and expanding elementary education and to increase their usefulness by taking control and management of the primary education-institution, which were earlier managed by the Local Bodies (such as Zila Parishad and Municipal Board and Mahapalika in the State of U.P.). The said Act came into being from the academic session 1972-73. The expression "Basic Education" defined in Act' 1972 means :-

In exercise of powers under Sub Section (1) of Section 19 of the Act' 1972, the U.P. Recognized Basic Schools (Recruitment and Conditions of Service of Teachers and other Conditions) Rules' 1975 were framed. The "Junior Basic School" defined therein is an institution other than the High Schools or Intermediate Colleges imparting education upto Class V. "Recognized School" defined in Rule 2 (e) of Rules' 1975 means any "Junior Basic School", not being an institution belonging to or wholly maintained by the Board or any local body, recognized by the Board before the commencement of the Rules' 1975 for imparting education from Classes I to V. The "Board" in Rule 2 (c) of the Rules' 1975 means the U.P. Board of Basic Education constituted under Section 3 of the Act and the "District Basic Education Officer" in Section 2 (d) means the District Basic Education Officer appointed by the State Government.

At the best, the part of the institution in question running classes I to V can be said to be recognized by the Board of Basic Education pursuant to the order dated 10.01.1973 (Annexure No.'1' to the writ petition.). Maintenance grant provided to the institution-in-question for imparting Sanskrit education from "Prathama" (Junior High School) to "Shashtri" (Graduation) would not ipso-facto extend the said grant to the primary institution (classes I to V), treating it as an integral part of the Sanskrit Mahavidyalaya. The law laid down by the Supreme Court in the case of State of U.P. and others Vs. Pawan Kumar Dwivedi & others reported in 2014 (9) SCC 692 would not be attracted in the above noted facts and circumstances of the present case, in as much as, in the said case question was of payment of salary to the teachers and employees of a recognized "basic school" running classes from primary to junior high school i.e. classes I to VIII. By reading of the expression "Junior High School" for the purposes of Act' 1978 having the same meaning as that of the "Basic Education" in Section 2(b) of Act' 1972, it was held therein that the expression "Junior High School" in the Act' 1978 is intended to refer to the schools imparting "Basic Education" i.e. education upto class VIII. It was held that the fact that the legislature used expression "Junior High School" in the Act' 1978 and not the "basic school" as used and defined in Act' 1972 is insignificant. It was concluded that if a "junior basic school" (classes I to V) is added after obtaining necessary recognition to the recognized and aided Senior basic school (class VI to VIII), then such "junior basic school" became integral part of one school i.e. the basic school having classes I to VIII.

At the same time, this Court does not agree with the conclusion of the Deputy Director of Education (Sanskrit) that the Board of Basic Education was not having power to grant recognition to the institution-in-question to run primary classes. The recognition granted on 10.01.1973 is a permanent valid recognition within the meaning of the Basic Education Act' 1972 read with the Rules' 1975. The primary section of the institution-in-question is, thus, to be treated as a separate entity being a "recognized school" within the meaning of Rules' 1975 and shall be governed by the Act' 1972 read with Rules' 1975 as a "Junior Basic School" within the meaning of Section 2(1) (d-1) of the Basic Education Act' 1972 for all other relevant purposes.