Court No. - 5
Case :- WRIT - C No. - 39126 of 2018 Petitioner :- C/M Purva Madhyamik Vidhyalay And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the parties.
The claim of the petitioners is that the Institution is entitled to be brought under the grant-in-aid of the State Government. The petitioners have made a representation in this regard.
The contention of learned counsel for the petitioners is that no action has been taken on the aforesaid representation.
Learned Standing Counsel for the State- respondents submits that the issue is factual in nature and the facts needs to be verified by the competent authority.
No useful purpose will be served by keeping the writ petition pending. The writ petition is being disposed of finally with the consent of the parties.
The matter is remitted back to the respondent no. 1, State of U.P., Principal Secretary (Basic Education), U.P. Government, Lucknow. The respondent no. 1 shall ensure that the due diligence exercise into the credentials of the institution including the infrastructure, qualification of the staff and all other relevant criteria is conducted. Upon consideration of relevant criteria, the respondent no. 1 shall pass a reasoned and speaking order in the matter in accordance with law.
It is clarified that this Court has not judged merits of the claim of the petitioners nor has considered the veracity of the submissions made at the Bar. It is for the competent authority to do so after independent application of mind upon all the relevant criteria.
The exercise of deciding the representation of the petitioners in regard to the institution being brought under the grant-in-aid, shall be completed as expeditiously as possible preferably within a period of six months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
The writ petition is disposed of finally.
Order Date :- 30.11.2018 Dhananjai