Allahabad High Court
State Of U.P. Through Its ... vs Committee Of Management, Madrasa ... on 13 July, 2021
Bench: Munishwar Nath Bhandari, Acting Chief Justice, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 313 of 2021
Appellant :- State Of U.P. Through Its Additional Secretary And 4 Others
Respondent :- Committee Of Management, Madrasa Islamia Safinatul Hedaya And Another
Counsel for Appellant :- Rama Nand Pandey
Counsel for Respondent :- J.P. Singh
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Hon'ble Piyush Agrawal,J.
( Civil Misc. Exemption Application No. 1 of 2021)
Heard Sri Rama Nand Pandey, learned counsel for the appellant and Sri Ashok Khare, learned senior counsel assisted by Sri J.P.Singh, learned counsel for the respondents.
This is an application for exemption from filing certified copy of the judgment of the learned single Judge dated 25.11.2020.
Learned counsel for the side opposite submits that he has no objection if filing of the certified copy of the judgment of the learned single Judge is exempted.
In view of the aforesaid, the application is allowed.
The filing of the certified copy of the judgment dated 25.11.2020 is exempted.
Special Appeal
By this appeal, a challenge is made to the the judgment dated 25.11.2020 whereby writ petition preferred by the petitioner was allowed. The writ petition was filed by the institution to cover by the grant in aid scheme pursuant to the policy dated 27.2.2013 and Government Order dated 21.5.2013.
The petitioner's Institution was denied coverage by grant-in-aid scheme in absence of the financial resources with the State. This is after the verification of record and the land. The Madarsa of the petitioner was recognized by the Registrar, Arbi Persian Examination, State of U.P. by order dated 15.6. 2002.
In the year 2013, the State decided to include 146 Madarsas in the grant-in-aid list and in pursuance to it 71 Madarsas were included in grant-in-aid list. The State Government, otherwise issued a list of 244 Madarsas eligible for the benefit of grant-in-aid. The petitioner submitted an application for grant-in-aid but was not accepted. The petitioner, thus approached this Court by maintaining Writ C No. 63594 of 2015. It was disposed of by the order dated 20.11. 2015. When no decision with regard to grant-in-aid to the petitioners Institution was taken, it again approached this Court by Writ C No. 28933 of 2019 which was decided by order dated 13.9.2019.
In pursuance of the direction given in the order dated 13.9.2019 the appellant passed an order dated 13.7.2020 rejecting the application of the petitioner for the benefit of grant in aid. It was informed that the State has limited funds and due to Covid 19 situation. The learned single Judge found petitioner's entitlement to grant-in-aid as counter to the writ petition was confirming the eligibility of the petitioner?s Institution as all the shortcomings were removed by them. An inspection was also conducted for verification of the land and nothing adverse was found therein. The appellant has yet denied the benefit of grant-in-aid to the petitioner's Institution. It was mainly on the ground of limited funds. It could not have been a ground when policy still exists. The denial togrant-in-aid to the eligible institutions could not have been out of Covid-19. Looking to all these facts, learned single Judge set aside the order dated 13.7.2020 to deny benefit of grant-in-aid to the petitioner's institution yet, while allowing the writ petition, the Institution has been brought in grant-in-aid list with effect from 1st April, 2021.
We do not find any illegality in the judgment and otherwise could not be pointed out by the learned standing counsel appearing for the State. It is more so when even as per the counter to the writ petition, no shortcoming was found in regard to the eligibility to place the Institution in grant in aid list.
The appeal accordingly fails and is dismissed.
Order Date :- 13.7.2021
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