Court No. - 24 Case :- MISC. SINGLE No. - 3854 of 2010 Petitioner :- Committee Of Management Shir Krishna Uchchtar Madhyamik Vidy Respondent :- State Of U.P.Through Secy. Deptt. Of Basic Education Lko. Petitioner Counsel :- Bal Krishna Pandey,Arun Kumar Shahu Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the parties.
The grievance of the petitioner is that in the year 2006, after imposing
certain conditions, the institutions were taken on grant-in-aid list, but the
institution of the petitioner, though it fulfills all the requisite conditions,
was upgraded and it was not considered for taking the institution on the
grant-in-aid list.
Learned Counsel for the petitioner submits that the said condition has
been assailed by some institutions, namely, Mata Tapeshwari Saraswati
Vidya Mandir and others and the matter went upto the Hon’ble Apex
Court and the Hon’ble Supreme Court in Special Leave Petition (C) No.
4630 of 2008 State of U.P. and others v. Committee of Management
Mata Tapeshwari Saraswati Vidya Mandir and others has held that the
condition of upgradation will not deprive for consideration for taking the
institution on the grant-in-aid list.
Petitioner’s Counsel submits that interest of justice would suffice, if the
opposite parties are directed to consider the case of the petitioner,
ignoring the condition, as aforesaid, to which learned Standing Counsel
has no objection. Further, he submits that he may be provided to move
a representation.
Accordingly, the opposite parties are directed to decide the
representation of the petitioner within a period of two months from the
date of presentation of a certified copy of this order, as aforesaid, in
case the petitioner moves a representation alongwith a copy of the
judgment rendered in Special Leave Petition (C) No. 4630 of 2008 State
of U.P. and others v. Committee of Management Mata Tapeshwari
Saraswati Vidya Mandir and others within ten days from today.
The writ petition stands disposed of in above terms.
Order Date :- 9.7.2010
lakshman