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State Of U.P. & Ors vs Pawan Kumar Divedi & Ors on 8 September, 2006 cites

I. James Robert Nax vs Senior Intelligence Officer, ... on 22 March, 2004

Schools in Uttar Pradesh are either under public management or under private management. Public institutions are managed either directly by the government departments or by the District Boards and Municipal Boards. Privately managed institutions may be divided into two categories, namely, "aided institutions" and "unaided institutions". Aided institutions are those which are private recognized institutions which receive grant-in-aid from public funds. Unaided institutions are those which do not receive any form of financial assistance whatsoever from public funds. The students of the different secondary and primary schools are categorized as belonging to the pre-basic stage, junior basic (primary) stage, senior basic (junior high school) stage and higher secondary stage. Pre-basic stage comprises of the nursery section. Junior Basic (primary) stage refers to classes I to V. Senior Basic (junior high school) stage refers to classes VI to VIII. The higher secondary stage is comprised of two stages, namely, high school stage comprising classes IX and X and Intermediate stage comprising Classes XI and XII. Prior to 1972 the basic schools were controlled either by the Zila Parishad and Nagar Palika or were under private management recognized by the appropriate authority and in some cases primary section was being run along with the junior high school, higher secondary and intermediate college sections. The recognition of the institutions and service conditions of the teachers were governed under the provisions of the Education Code. In 1972, the U.P. Basic Education Act was enacted and came into force from 17th August 1972. Under the said Act, a Board known as Board of Directors of Basic Education was established, inter alia, to organize, co-ordinate and control the imparting of basic education and teachers training therefor in the state, to raise its standard and to co-relate it with the system of education as a whole in the state and generally to exercise supervision and control over basic schools. Under the said Act "basic education" was defined in Section 2 (1) (b) to mean education up to the VIIIth class imparted in schools other than high schools or intermediate colleges, and the expression "basic schools" was to be construed accordingly. The said Act did not make any provision for payment of salary to the teachers of the basic schools but power was vested in the State Government under Section 19 of the Act to make rules relating inter alia to the recruitment and the conditions of service of persons appointed to the posts of teachers and other employees of basic schools recognized by the Board. Section 9 of the 1972 Act provided that on and from the appointed day, every teacher, officer and other employee serving under a local body exclusively in connection with basic schools would stand transferred and become a teacher, officer or other employee of the Board and would continue to hold office for the same tenure, at the same remuneration and upon the terms and conditions as he would have held, had not the Board been constituted, unless such service conditions were altered by rules made by the State Government in that behalf. It may not be out of place to mention at this stage that in 1971 the State Government took a decision to pay the salaries of the teachers and other employees working in the high schools and intermediate colleges and to give effect to the same, the U.P. High School and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act, 1971, was enacted. Since the primary sections of these institutions were not treated to be part of the high schools or intermediate college, no provision was made for payment of salary to the teachers of the primary section. In 1973, the Government made a departure and took a decision to pay the salary of the teachers of the primary sections attached to girls' institutions. A similar concession was made in respect of 30 girls' schools which were functioning prior to 1973 and were affiliated with higher secondary schools. Although, privately-run primary schools were not taken over under the 1972 Act, no provision was also made for payment of salaries to teachers of the said schools. In 1975, in exercise of its powers under Section 19 of the 1972 Act, the State Government framed the U.P. Recognised Basic Schools (Recruitment and Conditions of Service of Teachers and other Conditions) Rules, 1975 wherein "junior basic school" has been defined in Section 2 (b) to mean an institution other than high school or intermediate college imparting education up to the Vth class. Section 2 (e) defines "recognized school" to mean any junior basic school not being an institution belonging to or wholly maintained by the Board or any local authority, recognized by the Board before commencement of the said rules and imparting education from class I to class V. In the said Act, provision has been made regarding the salary of teachers in Section 10 wherein a recognized school was required to undertake to pay with effect from 1st July, 1975 to every teacher and employee the same scale of pay, dearness allowance and additional dearness allowance as paid to the teachers and employees of the Board possessing similar qualifications. In spite of the directions contained in Rule 10 of the 1975 Rules, the Government Order No. 1091/15-6-9 (7)/73 dated 25th March, 1975, made it clear that primary classes affiliated with boys' junior high schools would not be eligible for government grant. The 1975 Rules were followed by the enactment of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978, with the object of regulating the payment of salaries to teachers and other employees of junior high schools receiving aid out of State funds. In the said Act the expression "institution" is defined to mean a recognized junior high school receiving maintenance grant from the State Government. Section 10 of the said Act which received the assent of the Governor on 12th January, 1979 provides that the State Government shall be liable for payment of salaries of teachers and employees of every institution due in respect of any period after the appointed day. Section 13-A provided that notwithstanding anything contained in the Act, the provisions of the Act would, mutatis mutandis, apply to all institutions which were upgraded to high school or intermediate standard and to such teachers and other employees thereof in respect of whose employment maintenance grant is paid by the State Government to such institutions. Sub-section (2) provided that for the purposes of the Section, the reference to the students wherever they occurred in Section 5, would be construed as reference to the students of classes up to junior high school level only.
Madras High Court Cites 15 - Cited by 2 - R Banumathi - Full Document
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