JUDGMENT
Rakesh Tiwari, J.
1. Heard counsel for the parties and perused the record.
2. Sree Ram Harijan Vidyalaya, Village and post Ranipur Tahsil and District Ghazipur is a society registered under the Societies Registration Act. The said society has its own bye-laws which has also been registered by the Assistant Registrar Firms and Chits U.P. Varanasi Region, Varanasi. The petitioner Institution was granted temporary recognition and thereafter permanent recognition vide order dated 29.6.1999.
3. It appears that the State Government by G.O. dated 31.3.1994 decided to include the Institution meant for Scheduled Castes in the list of recurring grant for which certain: conditions were imposed.
4. The grievance of the petitioner is that the petitioner Institution has approached the respondents from time to time for grant-in-aid by moving representations but neither they have been decided nor the respondents have sanctioned recurring grant to the petitioner Institution.
5. It is prerogative of the State Government to include an Institution in recurring grant list or not. Apart from the fact that the Institution fulfills all other eligibility criteria as laid down in the G.O. dated 31.3.1994 this depends upon a large number of factors i.e. availability of budget, number of students in the Institution, building and playground Every Institution if fulfills criteria as laid down in the aforesaid G.O. dated 31.3.94 may not be granted recurring grant by the State Government for any number of valid reasons.
6. The Institution has been established by the Society from its own resources and it is its responsibility to run the Institution. At the time or when recognition was granted to it it was not the condition that the society will run the Institution only when recurring grant is given to it by the State Government. The school was already established and functioning for about 10 years when the G.O. dated 31.3.1994 was issued by the State Government. In my opinion, it is wholly upon the State Government to consider each case of each Institution before it included in the list of recurring grant and use its discretion in the matter in pursuance of the G.O. dated 31.3.1994.
7. The counsel for the petitioner at this stage submits that the representation of the petitioner dated 20.2.2004 which is pending before the Secretary Social Welfare, U.P. Lucknow may be directed to be decided within a time bound frame fixed by this Court.
8. The Standing counsel has no objection to this prayer.
9. In the circumstances, the petition is disposed of finally with a direction to respondent No. 1, the Secretary Social Welfare, U.P. Lucknow to decide the representation of the petitioner dated 20.2.2004 by a reasoned and speaking order, in accordance with law within a period of two months from the date of submission of a certified copy of this order.
10. The petitioner shall submit a certified copy of this order along copy of the representation before respondent No. 1 within two weeks from today.