JUDGMENT A.K. Yog, J.
1. This Court takes judicial notice of the fact that several representations are being filed by and on behalf of Primary Pathshalas, wherein it is asserted that long back re&pondents invited applications, entertained them on merit, gave hope if the Pathshalas complied with certain conditions, collected reports after inspection made through concerned District Magistrates. It is said petitioner has changed his position on account of representation of respondent and they moved because of legitimate expectation of securing certain object/privilege. It is stated in the instant case, the District Magistrate itself sent letter dated January 2, 1995 to the Secretary. Government of U. P. Samaj Kalyan Vibhag, Lucknow.
2. It is interesting to note that the concerned Sub-Divisional Magistrate, Salempur vide letter dated September 29. 1994 addressed to Tehsildar concerned, required him to submit report/recommendation to his office in this connection. A true copy of the said letter has been filed as Annexure-5 to the writ petition. As stated above the District Magistrate submitted his report to the Government vide letter dated January 2, 1995 addressed to Secretary. Government of U. P. Samaj Kalyan Vibhag, Lucknow (Annexure-6 to the writ petition).
3. Petitioner is aggrieved since the application for seeking grant-ln-aid list (Avartak Anshdan Soochi) has not been decided in spite of the fact that the concerned District Magistrate submitted its report in favour of him. !n case Government was not serious to take the matter to its logical end, there was no fun in inviting applications and involving Government machinery in obtaining report, which caused unnecessary burden on public exchequer besides consuming time of Government Officials for nothing.
4. Primary education, which is a subject-matter of one of the Directive Principles, fastens a pious duty and obligation on the Government to provide for primary education free of charge.
5. In view of the above, this Court strongly feels that a general mandamus be issued to respondent No. 1 for taking necessary action to ensure that suitable and necessary action is being taken and matters are finally decided. It ts open to the respondent to say 'No' by giving good and valid reason even at this stage e.g. paucity of finances or absence of circumstances warranting its decision to shelve its decision. Once required enquiry report is received by the officer concerned at the State level from the respective District Magistrate, it is desirable that all such matters be decided by the State Government within two months of the said report.
6. Let a copy of this judgment be sent to the Chief Secretary to the Government of Uttar Pradesh, Lucknow within two weeks from today for needful and necessary action.
7. With the above directions, the writ petition stands allowed. No order as to costs.