A division Bench of the Allahabad High Court comprising of Justice Sudhir Aggarwal and Justice Neeraj Tiwari held that once a junior high school gets upgraded to a high school, it will get the recognition of a high school and the respective laws would apply.
The Court stated that after getting the financial and administrative recognition of a high school, the laws of UP Intermediate Act 1921 and UP Secondary Education Service Board Act 1982 are applied to that school. At the same time, the District Basic Education Officer’s administrative and appointment rights from that school are over.
A writ petition was filed by Kamlesh of Ballia, seeking issuance of writ of quo warrant. The petitioner had challenged the appointments of assistant teachers Prem Shankar Rai and Sunil Kumar Tiwari and clerk Rajesh Kumar Prajapati in Junglee Baba Higher Secondary Vidyamandir, Kathora Ballia.
It was contended that the appointment was approved on May 14th 2015 by the District Basic Education Officer. The said school was then the school upgraded from Junior High School to High School. The contention of the petitioner was that once the upgradation had taken place, the status of Junior High School had ceased to exist and so did the District Basic Education Officer’s administrative and appointment rights.
The respondents questioned the maintainability of the petition challenging the petitioner’s right to file such a petition. According to the respondents, even if a school gets upgraded and gets recognized at the high school level, the junior school does not lose its existence and the right to appoint at the junior level remains with the Basic Education Officer.
–India Legal Bureau