Vide order dated 14.11.2011, counsel for the Basic Shiksha Adhikari was directed to produce the record pertaining to the grant-in-aid of the petitioners' school.
The petitioners' school was granted permanent recognition on 21.1.1985 w.e.f. 1.7.1984 in the name of Kisan Adarsh Junior High School Jagdishpur, Aurangabad. It is an unaided school. In pursuance of the Government Order issued on 7.9.2006, the petitioners submitted papers on 29.9.2006 for bringing the school on grant-in-aid list. In pursuance of the Government Order dated 7.9.2006, an inspection of the school was made by the Basic Shiksha Adhikari, Assistant Basic Shiksha Adhikari and Finance and Accounts Officer on 11.10.2006. Thereafter, vide order dated 2.12.2006 passed by respondent No.1, 801 Junior High Schools of Boys and 204 Junior High Schools of Girls have been brought on grant-in-aid list of the State of U.P. The order reveals that those institutions which have been granted permanent recognition up to 1988 can apply for being enlisted for the purposes of being aided by the State Government. Certain conditions are required to be satisfied in terms of the order, which are as follows:
A. That the institution should be granted permanent recognition.
B. That the institution should have its own building.
Seeking to be enrolled for the grant-in-aid, an application was filed by the petitioners before the Secretary, Basic Education, U.P. Government, Lucknow on 6.12.2006. Vide order dated 12.3.2007 he has observed that certain deficiencies were found in the institution of the petitioners which stands rectified. This rectification was permissible in terms of the Government Order dated 31.12.2006. However, the Secretary had indicated that the petitioners should file an application in this behalf before the concerned authority. This order was questioned by the petitioners in this Court and a direction was issued by this Court directing the respondent no.1, Secretary, Department of Basic Education, U.P. Lucknow to consider the application relating to grant-in-aid already filed in the office of District Basic Shiksha Adhikari afresh. In view of the direction issued, respondent No.1, Secretary, Department of Basic Education, U.P. Lucknow vide order dated 27.6.2008 has rejected the plea of the petitioner on the ground that the entry in the revenue records is in the name of 'Junior High School Aurangabad' whereas the present application seeking grant-in-aid is being filed by 'Kisan Adarsh Junior High School Jagdishpur' . The impugned order also records as to how the name has been changed from Junior High School Aurangabad to Kishan Adarsh Junior High School Aurangabad is not clear. Since the present enlistment is sought by Kisan Adarsh Junior High School Jagdishpur, whereas the entry is in the name of Junior High School Aurangabad, this is the sole controversy involved in this petition. The petitioner in the writ petition in paragraph No.6 has stated that the institution was initially named as Junior High School Aurangabad and thereafter its name was changed to Kisan Adarsh Junior High School, Jagdishpur Aurangabad. In the counter filed by the respondents, they have admitted this fact that this is one and the same school. The counter affidavit has been filed on 16.10.2008.
Once from the records, it has been accepted by the respondents that the name of the school has been changed from the Junior High School Aurangabad to Kisan Adarsh Junior High School, Jagdishpur Aurangabad, one fails to understand that on what basis the order has been issued by the Secretary. The plea of the petitioner was rejected on the ground that the entries in the revenue records were in the name of Junior High School Aurangabad while grant-in-aid is sought in the name Kisan Adarsh Junior High School, Jagdishpur. It is admitted by the respondents that Junior High School Aurangabad and Kisan Adarsh Junior High School, Jagdishpur is one and the same school. After having accepted the same what was the occasion to reject the case of the petitioner. Since these facts were known to the respondent No.1 despite that he rejected the claim of the petitioner.
Let an affidavit be filed by the Secretary, Department of Basic Education, U.P. Lucknow within two weeks indicating as to what was the basis of treating these two Schools as different when in the counter affidavit it has been admitted that the name of the School has been changed but it continues to be one and the same school.The affidavit shall be filed by or before 12.12.2011. In case the affidavit is not filed, the Secretary, Department of Basic Education, U.P. Lucknow shall remain personally present in this Court along with the record on 14.12.2011.
List this matter on 14.12.2011.
Let a copy of this order be given to the Sri Moti Lal, learned Standing Counsel free of cost for compliance of the order.
Order Date :- 22.11.2011 NS