Court No. - 7
Case :- WRIT - A No. - 23008 of 2018 Petitioner :- C/M Mathura Junior High School Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Sinha,Vinay Kumar Srivastava Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and learned C.S.C.
2. The petitioner Committee of Management claims to have made an representation to the State Government for being admitted to the benefit of grant in aid scheme. The said representation appears to have been filed on 27.07.2018 (copy of which has been annexed as Annexure no. 11 to the writ petition).
3. In view of the nature of claim made, certain factual and legal aspect would have to be examined by the competent authority, before such claim may be allowed. Admittedly, the respondent no. 1 has yet not made known its stand on the claim made by the petitioner.
4. Considering the above, no useful purpose would be served in keeping this writ petition pending. Hence, the same is disposed of with the following observations and directions:
(i) the petitioner may file a fresh representation along with a certified copy of this order before the respondent no.1 within a period of two weeks days from today;
(ii) in the event the said respondent is of prima facie view that the representation/application deserves to be rejected, he may issue a prior show cause notice to the petitioner specifying the points on which the petitioner's representation is proposed to be rejected within four weeks therefrom;
(iii) the petitioner shall be at liberty to file his final reply to such notice, if issued, within two weeks and no more from the date of receipt of that notice;
(iv) the respondent no.4 may proceed to hear and decide the same strictly, in accordance with law and pass a reasoned and speaking order within a period of two months from the date of filing of last reply by the petitioner, if any;
Order Date :- 27.10.2018 Prakhar