Court No. - 18
Case :- WRIT - C No. - 23327 of 2021 Petitioner :- C/M Ganga Das Intermediate College Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh,Ashwani Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed on behalf of the petitioner today is taken in the record.
Heard Sri Vinod Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The only prayer made by learned counsel for the petitioner is that the application for grant in aid to the petitioner-institution may be decided within the stipulated period of time.
Learned Standing Counsel submits that grant in aid has to be preceded by an enquiry into all relevant criteria for the same including the existence of playground in the school campus. He calls attention to the judgment of this Court in M/S G.S. Convent School Vs State of U.P. and 3 others, reported at 2019 (11) ADJ 274.
No useful purpose will be served by keeping the writ petition pending.
Matter is remitted to respondent no. 1/ Principal Secretary (Secondary Education), Government of U.P., Lucknow.
A writ in the nature of mandamus is issued commanding the respondent no. 1/ Principal Secretary (Secondary Education), Government of U.P., Lucknow, to execute the following directions:
(i) The respondent no. 1/ Principal Secretary (Secondary Education), Government of U.P., Lucknow, is directed to decide the issue regarding grant in aid to the petitioner-institution by a speaking order within a period of six months in accordance with law from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad.
The authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(ii) Prior to passing of the order, the respondent no. 1/ Principal Secretary (Secondary Education), Government of U.P., Lucknow, shall cause due enquiries and on site inspections to be conducted and also grant an opportunity of hearing to the petitioner.
(iii) The existence of playground in terms of the judgment passed by this Court in M/S G.S. Convent School Vs State of U.P. and 3 others, reported at 2019 (11) ADJ 274, shall be duly confirmed after on site inspection.
(iv) The authority shall ascertain adherence to other criteria laid down in relevant government orders and other provisions of law for approving grant in aid to an educational institution before passing any final order on the application of the petitioner.
With the aforesaid observation the writ petition is disposed of.
Order Date :- 27.9.2021 Ashish Tripathi