Allahabad High Court

COMMITTEE OF MANAGEMENT YUG NIRMAN BALIKA PURVA MADHYAMIK VIDYALAYA FATTUPUR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided: 10 September 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The court observed that the respondents should consider including the petitioners' institution in the grant‑in‑aid list for salary payment under the 1978 Act, following due process.

Summary

The Committee of Management of Yug Nirman Balika Purva Madhyamik Vidyalaya filed a writ petition seeking inclusion of their school in the grant‑in‑aid list for payment of salaries to teachers and staff under the Uttar Pradesh Recognized Basic Schools (Junior High School) (Payment of Salary of Teachers and other Employees) Act, 1978. The petitioners argued that the exclusion denied them statutory salary benefits. The State of Uttar Pradesh and other respondents contended that the inclusion was a matter of administrative discretion. The High Court, after hearing counsel for both sides, disposed of the petition, directing the respondents to consider the inclusion of the institution in the grant‑in‑aid list in accordance with the Act, after providing a hearing if necessary. No substantive order on the merits was made beyond this observation.

Issues considered

Whether the school is entitled to be included in the grant‑in‑aid list for salary payment under the U.P. Recognized Basic Schools (Junior High School) (Payment of Salary of Teachers and other Employees) Act, 1978.
Whether the respondents, as public authorities, are obligated to include the institution without further procedural safeguards.

Legislation cited

U.P. Recognized Basic Schools (Junior High School) (Payment of Salary of Teachers and other Employees) Act, 1978

Subjects

grant-in-aid
salary payment
school management
public authority
writ petition
U.P. education law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 36383 of 2026


                                    Committee Of Management Yug Nirman Balika
                                    Purva Madhyamik Vidyalaya Fattupur And
                                    Another                                                       .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Damodar Singh, Devendra Vikram
                                                                       Singh
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 36
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Prabhakar Awasthi, learned Senior Advocate assisted by S/Sri
                                    Damodar Singh and D.V. Singh, learned advocates for petitioners and Sri
                                    Shyam Singh, learned Standing Counsel for the respondents.

                                    2. Considering the averments made in the writ petition, writ petition is
                                    disposed of with an observation to the respondents to consider to include the
                                    petitioners' Institution under grant-in-aid list for payment of salary to the
                                    members and the staff under the provisions of U.P. Recognized Basic
                                    Schools (Junior High School) (Payment of Salary of Teachers and other
                                    Employees) Act, 1978 strictly in accordance with law, by the appropriate
                                    authority, after providing an opportunity of hearing, if necessary.



                                                                                 (Saurabh Shyam Shamshery,J.)
                                    September 11, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad

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