Court No. - 5
Case :- WRIT - A No. - 59119 of 2017 Petitioner :- C/M Jan Sahayogi Balika Junior High School Jaitpur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Pandey Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents.
This Court by order dated 03.03.2020 granted three weeks and no more time to file counter affidavit to learned Standing Counsel but no counter affidavit has been filed yet therefore, the Court proceeds to hear the matter only on the basis of counter affidavit filed by respondent no.4.
The petitioner by means of present writ petition has assailed the order dated 03.10.2017 by which the claim of the petitioner for grant-in-aid to the primary sections of the school has been rejected on the basis of Government Order dated 13.07.2017 prescribing that the consideration of claim for grant-in-aid is deferred for a period of five years.
Learned counsel for the petitioner submitted that controversy has been decided by this Court vide judgment and order dated 23.05.2019 in Writ-A No. 38992 of 2017 (Jai Ram Singh & Ors. Vs. State of U.P. & Ors.), wherein this Court has set aside the condition stipulated in Government Order dated 13.07.2017 deferring the reconsideration of grant-in-aid for five years. Relevant paragraph of the judgment is quoted herein as under:
"Clause 1 of the Government Order dated 27 October, 2016 to the extent of prescribing the cut off date of 21 June 1973 as well as Clauses 1.1 and 1.2 thereof are struck down as being as arbitrary and wholly irrational. The State shall in consequence revisit and reframe the impugned Policy in light of the observations made in this judgment. The orders of 13 July 2017 insofar as they defer reconsideration for a period of five years consequentially stand set aside to that extent."
In the counter affidavit filed by the learned counsel for the respondent no.4, the only ground which has been taken is that the claim of the petitioner was not liable to be considered in the light of stipulation in the government order dated 13.07.2017 that consideration of grand-in-aid is deferred for five years, therefore, the claim of petitioner for consideration of grant-in- aid cannot be considered.
Since controversy has been decided by this Court in Writ-A No. 38992 of 2017 and learned Standing Counsel could not demonstrate that the controversy is not covered by the aforesaid judgment of this Court, therefore, the order impugned cannot be sustained.
Thus, the writ petition is allowed in terms of the judgment of this Court passed in Writ-A No. 38992 of 2017 (supra).
Order Date :- 23.9.2021 Mohit