Sri Satyasai Tulsi Bal Shiksha ... vs State Of U.P. Thru.Prin.Secy. ...
2022 Latest Caselaw 11644 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 924 of 2021
 

 
Petitioner :- Sri Satyasai Tulsi Bal Shiksha Niketan Thru. Manager And Anr.
 
Respondent :- State Of U.P. Thru.Prin.Secy. Social Welfare Lko. And Ors.
 
Counsel for Petitioner :- Lalta Prasad Misra,Ujjwal Tripathi
 
Counsel for Respondent :- C.S.C.,Ghaus Beg
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed with the following prayers:

"(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.09.2020 passed by the opposite party no.1, the true copy of which is contained as Annexure No.1 to this writ petition.

(b) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to extend recurring grant-in-aid to the petitioner no.2 by including the petitioners' institution in the list of recurring grant-in-aid with effect from issuance of the Government Order dated 31.03.1994."

The contention of the Counsel for the petitioner is that the impugned order has been passed contrary to the directions given by this Court in the case of Shishu Vidya Mandir, Koiripur, Block Pratappur Kamaicha, District Sultanpur vs State of U.P. and others [Writ Petition No.5704 (MS) of 2016] decided on 30.11.2018.

He further argues that in similar circumstances, this Court in the case of Dr. Ambedkar Junior Basic Pathshala vs State of U.P. and others [Writ-C No.8141 of 2021] had passed a judgment and order dated 30.08.2022 directing the State Government to take decision in the light of the judgment of this Court rendered in the case of Shishu Vidya Mandir (supra) and in terms of the direction given in the case of Dr. Ambedkar Junior Basic Pathshala (supra).

From the perusal of the impugned order, which is on record, it is made clear that the grant-in-aid to the petitioner institution has been denied solely on the ground of the Government Order dated 05.10.2006 which contention of the State Government has already been repelled by this Court in the case of Shishu Vidya Mandir (supra) and in the case of Dr. Ambedkar Junior Basic Pathshala (supra).

For the reasoning recorded above, the writ petition deserves to be allowed.

Accordingly, the writ petition is allowed. The order dated 25.09.2020 is set aside with a direction to the State Government to grant the benefits as flow from the Government Order dated 30.01.1994 of bringing the petitioner institution under grant-in-aid list and in the light of the aforesaid two judgment Shishu Vidya Mandir (Supra) and Dr. Ambedkar Junior Basic Pathshala (Supra).

It is made clear that the benefits as flow from the grant-in-aid list shall accrue in favour of the petitioner with prospective effect. The State Government shall take decision within three months from the date of production of certified copy of this order.

Needless to say that all the benefits as available under regular grant-in-aid shall accrue to the petitioner institution also.

The aforesaid directions are also in furtherance of the mandate of Section 6 of The Right of Children to Free and Compulsory Education Act, 2009 which cast obligation on the State Government to establish schools for the children who are entitled for free and compulsory education.

Order Date :- 30.8.2022

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