Citation : 2021 Latest Caselaw 9815 ALL
Judgement Date : 6 August, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- MISC. SINGLE No. - 16953 of 2021 Petitioner :- C/M Janta Laghu Madhyamik Vidyalaya,Gonda Thru. Manager Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education,Lko.& Ors. Counsel for Petitioner :- Girish Chandra Verma Counsel for Respondent :- C.S.C.,Vindhya Washini Kumar Hon'ble Rajnish Kumar,J.
Heard Shri G.C. Verma, learned counsel for the petitioner, Shri Rahul Shukla, learned Additional Chief Standing Counsel and Shri Vindhya Washini Kumar, learned counsel for the opposite parties no.2 and 3.
This petition has been filed praying that a writ of mandamus be issued to the opposite party no.1 to take the petitioners primary section of the vidyalaya in the list of grant-in-aid paid by the State Government in pursuance of the judgment passed by the Hon'ble Supreme Court in the case of State of Uttar Pradesh Vs. Pawan Kumar Dwivedi and Others; (2014) 10 Scale 27. He has referred some orders passed by this Court also.
Learned Additional Chief Standing Counsel does not dispute the aforesaid position however he submitted that the case of the petitioner can be considered in the light of the current position in law.
In view of above, the writ petition is disposed of with direction to the opposite party no.1 to consider and dispose of the representation of the petitioner in the light of the judgment of Hon'ble Supreme Court and also current position in law and pass a reasoned and speaking order within a period of three months from the date of production of certified copy of this order. Liberty is granted to the petitioner to move a fresh comprehensive representation alongwith certified copy of this order.
.............................................................(Rajnish Kumar,J.)
Order Date :- 6.8.2021
Haseen U.
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