Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Salary Service Law Uttar Pradesh Basic Education Act 1972 Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act 1978 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Salary - Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978- ss. 2(j) and 10-Uttar Pradesh Basic Education Act, 1972- Three categories of recognised Junior High Schools; (one) having Classes I to VIII, i.e., Classes I to V (Junior Basic School) and so also Classes VI to VIII (Semior Basic School), (two) a school as above and upgraded to High School or intermediate standard and (three) Classes VI to VIII (Senior Basic School) initially with no Junior Basic School (Classes I to V) being part of the said school- Dispute in respect of third category of the schools where Classes I to V are added after obtaining recognition to the schools which are recognized and aided for imparting education in Classes VI to VIII - Entitlement of teachers of primary section Classes I to V in such schools to benefit of s.10 of the 1978 Act - Whether teachers of privately managed primary schools and primary sections of privately managed high schools are eligible to receive their salaries from the State Government - Held: If a Junior Basic School (Classes I to V) is added after obtaining necessary recognition to a recognized and aided Senior Basic School (Classes VI to VIII), then surely such Junior Basic School becomes integral part of one school, i.e., Basic School having Classes I to VIII- Expression "Junior High School" in the 1978 Act is intended to refer to the schools imparting basic education, i.e., education up to VIII class - Merit in the argument that schools having Junior Basic Schools and the Senior Basic Schools either separately or together are under the same Board, i.e., the Board of Basic Education, as per the 1972 Act- Junior High School necessarily includes Classes I to V when they are opened in a Senior Basic School (Classes VI to VIII) after obtaining separate recognition and for which there may not be a separate order of grant-in-aid by the Government. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2014 INSC 580 |
Petitioner | State Of U.p. & Ors. |
Respondent | Pawan Kumar Divedi & Ors, |
SCR | [2014] 13 S.C.R. 642 |
Judgement Date | 2014-09-02 |
Case Number | 3989 |
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