Court No. - 39
Case :- WRIT - A No. - 14959 of 2019 Petitioner :- C/M Mahatma Gandhi Junior High School Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1, 2, 3 and 5 and Sri Shyam Krishna Gupta, learned counsel for respondent no. 4.
Learned counsel for the petitioner submits that the petitioner institution namely Mahatma Gandhi Junior High School, Salempur, Deoria (hereinafter referred to as "institution") is running Junior High School from Class 6th to Class 8th and after obtaining permission from U.P. Basic Education Board, Allahabad under the provision of Basic Education Act, 1972. Temporary permission was granted to the institution in the year 2007. He further submits that in light of order passed by this Court in Writ A No. 38992 of 2017 (Jai Ram Singh and 11 others Vs. State of U.P. and others) along with other connected matters, decided on 23.05.2019, institution is entitled for grant- in-aid from State Government. For that purpose, he has moved representation dated 14.07.2019 before respondent no. 1, but till date, the same has not been decided. Lastly, he submits that a suitable direction may be issued to respondent no. 1 to consider the representation of the petitioner and decide the same within stipulated time.
Learned standing counsel for respondent nos. 1, 2, 3 and 5 submits that representation of the petitioner shall be considered and decided strictly in accordance with law at the earliest.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 1 to consider the representation of the petitioner dated 14.07.2019 and decide the same strictly in accordance with law maximum within a period of two months from the date of production of certified copy of the order. Petitioner is also given liberty to file fresh representation along with certified copy of the order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 1 to decide the representation of the petitioner after considering the relevant Rule as well as Government Orders occupying the field.
Order Date :- 27.9.2019 Arvind