स्कूलों को अनुदान के लिए स्कीम बनाए सरकार, हाईकोर्ट ने बेसिक शिक्षा विभाग को दिया निर्देश, बच्चों को निशुल्क शिक्षा देना प्रदेश सरकार का संवैधानिक दायित्व : देखें कोर्ट का आदेश

⚫  स्कूलों को अनुदान के लिए स्कीम बनाए सरकार,

⚫  हाईकोर्ट ने बेसिक शिक्षा विभाग को दिया निर्देश, 

⚫  बच्चों को निशुल्क शिक्षा देना प्रदेश सरकार का संवैधानिक दायित्व

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

Court No. - 5 

Case :- MISC. SINGLE No. - 1971 of 2017 

Petitioner :- Ambedkar Bal Vikas Vidyalaya Samiti Thr Manager Sarju Prasad 

Respondent :- Union Of India Thru Secy.Ministry Of Human Resource & Ors. 

Counsel for Petitioner :- Tej Singh,Pushp Raj Singh 

Counsel for Respondent :- C.S.C.,A.S.G.,Ajay Kumar,Manish Mishra 

Hon'ble Anil Kumar,J. 

Heard learned counsel for petitioner, Sri M.M. Asthana, learned counsel appearing on behalf of Union of India as well as Sri Neeraj Chaurasiya, learned counsel for State and perused the record. 

The petitioner claims to be a recognized institution imparting education to the kids of primary level (classes 1 to 5th), the said recognition was granted by District Basic Education Officer, District Unnao and has filed this writ petition seeking direction to the respondents to take the institution on grant-in-aid list in light of the decision taken by Division Bench in the case of Paripurna Nand Tripathi and another vs. State of U.P. and others [2015 (3) ADJ 567 (DB)]. 

After enforcement of the Right of Children to Free and Compulsory Education Act, 2009 and based on certain provisions of the said parliamentary enactment, a Division Bench of this Court in its judgment and order dated 05.12.2014, passed in Special Appeal Defective No. 994 of 2014, Paripurna Nand Tripathi and another Vs. State of U.P. and others has directed the State Government to reconsider its policy of 1989 in respect of the grant of aid to the unaided institutions. 

After the aforesaid judgment rendered by the Division Bench on 05.12.2014, no fresh decision in respect of the policy of the year 1989 appears to be in sight. This Court in yet another case, namely, Writ-C No. 62182 of 2015, Gram Vikas Sewa Samiti and another Vs. Union of India and others has reiterated the direction given by the Division Bench of this Court in the case of Paripurna Nand Tripathi (supra). 

Right of Children to Free and Compulsory Education Act, 2009 has been enacted by the Parliament with the object of achieving the constitutional goal and the mandate enshrined in Article 21-A of the Constitution of India for providing free and compulsory education to all children of the age of six to fourteen years. The State is under obligation to carry the mandate as contained in Article 21-A of the Constitution of India even irrespective of any direction of the Court. It need not be said that object of Article 21-A of the Constitution of India is laudable and mandate of legislature which needs not only to be honoured by the respective State Governments but needs to be implemented as well. 

Accordingly, this writ petition is finally disposed of with the direction to the State Government in the Department of Basic Education to ensure the compliance of the direction issued by this Court in the case of Paripurna Nand Tripathi (supra) and accordingly frame a new policy in relation to bringing unaided institutions in grant-in-aid scheme in terms of the Constitutional goal under Article 21-A of the Constitution of India and also in terms of the provisions contained in Right of Children to Free and Compulsory Education Act, 2009. The decision under this order shall be expedited by the State Government and the case of the petitioner-institution as rule shall be dealt with accordingly. 

There will be no order as to costs. 

Order Date :- 27.1.2017 

Ravi/