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C/M Shri Malkhan Singh Inter College And Another vs State Of U P And Others

High Court Of Judicature at Allahabad|19 December, 2019
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JUDGMENT / ORDER

Court No. - 3
Case :- WRIT - A No. - 20524 of 2019 Petitioner :- C/M Shri Malkhan Singh Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vashishtha Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 5.
The petitioner is a committee of management of an institution known as Shri Malkhan Singh Inter College, Thulai, District Harthras (hereinafter referred to as 'College') which is duly recognized under the provisions of U.P. Intermediate Education Act, 1921 and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees), 1971 are applicable to the teaching and non teaching staff of the college.
The primary section attached with the intermediate college is being run in the campus of the college. According to the petitioner, the State Government has published a list showing the names of all primary schools attached with the intermediate college and in the said list, name of petitioner's schools appears at serial no.5.
The grievance of the petitioner is that despite the fact that name of primary section appears in the list of primary schools attached with the intermediate college issued by the State Government, yet respondent no.1, Additional Chief Secretary (Secondary) Education U.P., Lucknow, has failed to pass any order putting the primary section also on grant-in-aid. In this regard, petitioner has submitted several representations to the Secretary, Secondary Education, U.P. Lucknow, copies of the same are annexed as Annexure 5 & 6 to the writ petition, but respondent no.1 is not paying any heed to the grievance of the petitioner.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to respondent no.1 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.1-Additional Chief Secretary (Secondary) Education U.P., Lucknow, raising all its grievances within a period of three weeks from today. In case any such representation is filed by the petitioners, the respondent no.1 shall consider and decide the same by reasoned and speaking order within a period of three months thereafter.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 19.12.2019 Sattyarth
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Title

C/M Shri Malkhan Singh Inter College And Another vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 December, 2019
Judges
  • Saral Srivastava
Advocates
  • Vashishtha Tiwari