Court No. - 39 Case :- WRIT - C No. - 42498 of 2010 Petitioner :- Dwaba Shiksha S.U.M.V.Shanichara Bazar, Sant K.Nagar & Ano. Respondent :- State Of U.P. And Others Petitioner Counsel :- Jitendra Pandey Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The sole relief claimed in the present petition is for a direction
upon the respondents to consider the application filed by the
petitioner-Institution for bringing it on the grant-in-aid list of the
State Government after ignoring condition imposed in paragraph
2(13) of the Government Order dated 7th September, 2006.
It is stated by Sri Jitendra Pandey, learned counsel for the
petitioners that the only reason assigned for not bringing the
petitioner-Institution on the grant-in-aid list of the State
Government is because of the condition imposed in paragraph
2(13) of the Government Order dated 7th September, 2006. He has
submitted that the condition imposed under paragraph 2(13) of the
aforesaid Government Order dated 7th September, 2006 has been
set aside by this Court in Committee of Management, Mata
Tapeshwari Saraswati Vidya Mandir Uchchattar Madhyamik
Vidyalaya, Ghazipur & Ors. Vs. State of U.P. Ors, 2007 (1)
ADJ 443 and that the Special Appeal filed against the said
judgment and order has also been dismissed and that the Supreme
Court in Special Leave Petition (C) No.4630 of 2008 (State of U.P.
& Ors. Vs. Committee of Management, Mata Tapeshwari
Saraswati Vidya Mandir & Ors.) has also upheld the orders of this
Court setting aside the said condition.
The Supreme Court, in the aforesaid Special Leave Petition (C)
No.4630 of 2008, has observed as follows:-
“These Special Leave Petitions are, accordingly, dismissed. As directed by the
learned Single Judge of the High Court by his judgment and order dated 4th
January, 2007, and upheld by the Division Bench by its judgment and order
dated 15th January, 2008, the petitioners are directed to consider the case of
the Respondent institutions, along with other applicants, for being brought
within the ambit of the grant-in- aid Scheme in pursuance of the Government
Order dated 7th September, 2006, and while doing so ignore Condition
No.2(13) of the said Order and Condition No.12 of the Advertisement dated
9th September, 2006, issued by the Directorate of Basic Education, U.P.”
Learned Standing Counsel for the respondents has not disputed
this position.
In view of the aforesaid, this petition is disposed of with a
direction to the respondents to consider the case of the petitioner-
Institution for bringing it on the grant-in-aid list of the State
Government pursuant to the Government Order dated 7th
September, 2006 after ignoring condition imposed under
paragraph 2(13) of the aforesaid Government Order.
Order Date :- 23.7.2010
SK