C/M Janta Inter College,Nawa ... vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 11098 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 5513 of 2022
 

 
Petitioner :- C/M Janta Inter College,Nawa Nagar, Ballia Thru. Its Manager And Another
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education, Lko. And 2 Others
 
Counsel for Petitioner :- Vijay Kumar Srivastava,Gyanendra Nath
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 14.07.2022 wherein the request of the petitioner for taking attached primary section under grant-in-aid has been rejected.

Submission of learned counsel for the petitioners is that the issue with regard to entitlement of the primary section attached with the school has been considered by this Court in Writ - A No.20751 of 2019 'C/M Adarsh Gramin Vidyalaya Sonakpur, Harthala and Ors. v. State of U.P. & Ors. decided on 14.03.2022. He argues that the directions given in the said judgment has not been taken into consideration while passing the impugned order.

Considering the fact that the judgment in question has not been considered, which is prima-facie evident, the present petition is disposed off directing respondent no.1 to pass a fresh order in respect of the claim of the petitioner after taking into consideration the directions given by this Court in the case of C/M Adarsh Gramin Vidyalaya (supra) and after affording an opportunity of hearing to the petitioner. The fresh order shall govern the rights of the parties.

The said exercise shall be carried out within a period of three months from the date of filing of a copy of this order.

Order Date :- 23.8.2022

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