Court No. - 19
Case :- WRIT - C No. - 35734 of 2018 Petitioner :- C/M Sri Bhagwan Harijan Vidyalaya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Triveni Shanker,Ajay Shankar Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2 & 3 and Sri Sanjay Chaturvedi for respondent No. 4. With their consent, the writ petition is being finally decided, without inviting a formal counter affidavit.
The petitioner claims itself as Managing Committee of a registered Society in the name of Maharashi Dalit Sewa Sansthan, Ballia. It is running a primary Institution in the name of Sri Bhagwan Harijan Vidyalaya, which imparts education up to Std. V. In the past, the claim made by the Institution for including it in the grant-in-aid list was rejected by an order dated 6.1.2013. Thereafter, it seems that a fresh exercise was undertaken for inclusion of name of the Institutions in the grant-in-aid list. In pursuance thereof, the District Social Welfare Officer, Ballia has submitted a report to Director, Social Welfare, Lucknow dated 21.8.2017 and in which the name of the Institution run by the petitioner Committee is at Serial No. 3. According to the petitioner, no final decision in the matter has been taken by the respondents so far. Consequently, the petitioner has filed the instant writ petition seeking a mandamus commanding the respondents to include the Institution run by the petitioner Committee in the grant-in-aid list. The petitioner has also prayed for quashing of order dated 6.1.2013.
Learned counsel for the petitioner states that he is not pressing the relief in so far as it relates to quashing of order dated 6.1.2013 inasmuch as, there is already a fresh recommendation by the District Social Welfare Officer for including the name of the petitioner's Institution in the grant-in-aid list. He submitted that the respondents be directed to pass final orders on basis of recommendation made by District Social Welfare Officer vide letter dated 25.8.2017, within a specified time, to which learned counsel has no objection.
Accordingly, without expressing any opinion on merits, the writ petition is disposed of by directing respondent No. 2 to take appropriate decision in the matter in accordance with law, expeditiously, preferably within a period of three months from the date of receipt of certified copy of this order. In case, respondent No. 2 comes to the conclusion that final decision for disbursement of grant-in-aid is required to be taken by respondent No. 1, he shall forward the file to the said respondent so that the decision is taken by respondent No. 1, within time stipulated above.
(Manoj Kumar Gupta, J.) Order Date :- 27.10.2018 AM/-