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september 2006

Supreme Court of India · 2006-09-08

State Of U.P. & Ors vs Pawan Kumar Divedi & Ors

Citation / case number
AIRONLINE 2006 SC 421
Court
Supreme Court of India
Petitioner
State Of U.P. & Ors
Respondent
Pawan Kumar Divedi & Ors
Author
Altamas Kabir
Bench
B.P. Singh, Altamas Kabir

Judgment text excerpt

The Supreme Court held that teachers of privately-managed primary schools are not entitled to receive salaries from the State Government under the U.P. Basic Education Act, 1972, as the Act does not provide for salary payments to such teachers. The Court clarified that 'basic education' as defined in Section 2(1)(b) of the Act pertains only to education up to the VIIIth class in schools recognized by the Board, and the State's power under Section 19 to make rules does not extend to unaided institutions. Consequently, the appeals filed by the State of Uttar Pradesh were upheld, denying salary claims from the State for teachers in privately-managed institutions.

State Of U.P. & Ors vs Pawan Kumar Divedi & Ors · Niyam