Court No. - 24 Case :- MISC. SINGLE No. - 3119 of 2010 Petitioner :- C/M Chaudhary Charan Singh Intermediate College Sultanpur Respondent :- State Of U.P. Through Secy.Dept.Of Basic Edu.Lko.And Ors. Petitioner Counsel :- M.P.Yadav Respondent Counsel :- C.S.C.,Jogendra Nath Verma Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioners and learned Standing
Counsel.
By means of the instant writ petition, the petitioner prays for a writ in the
nature of Mandamus commanding the opposite parties to consider the
case of the petitioner for grant-in-aid to the Junior HIgh School i.e. for
Classes 6 to 8 in the light of the judgment and order passed by the
Single Judge in Civil Misc. Writ Petition No. 61343 of 2006. Further it
has been prayed that the benefit of the order dated 4.1.2007 passed by
the Single Judge in Civil Misc. Writ Petition No. 61343 of 2006 affirmed
by the Division Bench in Special Appeal No. 162 of 2007 and also
affirmed by the Apex Court ivide judgment dated 2.12.2009.
Learned Counsel for the petitioner submits that Government Order
dated 7.9.2006 was challenged in writ petition No. 61343 of 2006
:Committee of Management Mata Tapeshwari Saraswati Vidya Mandir
Versus State of U.P. and others and this Court at Allahabad was
pleased to quash the condition No. 2 (13) of the Government Order
dated 7.9.2006. The relevant part of the order dated 4.1.2007 reads as
under :
“Accordingly, this writ petition is allowed and condition no. 2 (13) of the
Government Order dated 7.9.2006 issued by the State Government as
well as condition No. 12 of the advertisement dated 9.9.2006 issued by
the Directorate of Basic Education, U.P. are quashed. The respondent
authorities are directed to consider the petitioners institution (along with
the other applicants) for their Junior High School Section being brought
on grant-in-aid in pursuance of the Government Order dated 7.9.2006,
ignoring the aforesaid conditions of the Government Order and the
advertisement”
Learned Counsel for the petitioner submits that the aforesaid order
dated 4.1.2007 was challenged in Special Appeal No. 162 of 2007
:State of U.P. and others Vs. Committee of Management Mata
Tapeshwari Saraswati Vidya Mandir and a Division Bench of this Court
at Allahabad, vide judgment and order dated 15.1.2008, dismissed the
special appeal. Feeling aggrieved, the State of U.P. preferred special
leave petition before the Hon’ble Supreme Court, which was numbered
as Special Leave Petition (C) No. 4630 of 2008 :State of U.P. Vs.
Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir
and others. Initially, Hon’ble Supreme Court, while issuing notices,
directed the parties to maintain status quo but finally, Hon’ble Supreme
Court, vide judgment and order dated 2.12.2009, dismissed the special
leave petition. The relevant part of the order dated 2.12.2009 reads as
under :
“These special leave petitions are, accordingly, dismissed. As directed
by the learned Single Jude 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 Counsel for the petitioner submits that the case of the petitioner
is identical to that of the aforesaid case and as such, interest of justice
would suffice, if the opposite parties are directed to consider the case of
the petitioner in terms of the order and judgment dated 2.12.2009
passed by the Hon’ble Supreme Court, to which learned Standing
Counsel did not dispute.
In view of the above, the writ petition is disposed of finally with a
direction to the opposite parties to consider the case of the petitioner in
terms of the order and judgment dated 2.12.2009 passed by Hon’ble
Supreme Court in Special Leave Petition (C) No. 4630 of 2008 : State of
U.P. Vs. Committee of Management, Mata Tapeshwari Saraswati Vidya
Mandir and others.
Order Date :- 19.7.2010
Ajit/-