C/M Laghu Madhyamik Vidyalaya ... vs State Of U.P. Thru. Secy. Basic ...
2022 Latest Caselaw 8042 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - C No. - 37882 of 2018
 

 
Petitioner :- C/M Laghu Madhyamik Vidyalaya Pratapgarh Thru. Manager and anr
 
Respondent :- State Of U.P. Thru. Secy. Basic Education And Anr.
 
Counsel for Petitioner :- Kushmandey Shahi, Girish Chandra Verma, Sukh Deo Singh, Vijay Kumar Tripathi
 
Counsel for Respondent :- C.S.C.,P.K. Singh Bisen
 

 
Hon'ble Pankaj Bhatia,J.

The counsel for the petitioner states that the controversy raised in the petition is squarely covered by the judgment of this court in Writ-A No.2267 of 2022 decided on 21.04.2022. In the said judgment, the court has passed the following order :

"As the reasons given for not including the petitioner herein in the grant-in-aid list is the same as the one given in the said writ petition for withdrawing the order by which the petitioner of the said petition had been brought on grant-in-aid list, therefore, the issue involved in this petition is covered by the said judgment. In view of the above, the impugned order cannot be sustained after the decision of Division Bench in the case of Writ-A No.20751 of 2019 [C/M Adarsh Gramin Vidyalaya Sonakpur, Harthala & Ors.vs. State of U.P. & Ors.], therefore, the impugned order is quashed. However, with liberty to the State Government to take a fresh decision in the matter keeping in mind the aforesaid Division Bench judgment and the decision of Pawan Kumar Dwivedi rendered by Hon'ble the Supreme Court as far as it may be applicable. Such decision shall be taken within three months from the date a certified copy of this order is submitted before the concerned authority.

With these observations/ directions, the writ petition is disposed of."

I do not see any reason to disagree with the said judgment and in any case this court has directed to consider the matter in the light of the judgment of the Supreme Court in the case of State of U.P vs. Pawan Kumar Dwivedi reported in 2014 AIR SCW 5217.

In view of the said, a decision is to be taken by the State Government within a period of three months. Thus, on the same grounds and reasoning as contained in the order dated 21.04.2022, the present petition is also disposed off.

Thus the impugned order dated 28.09.2018 is quashed. The State shall take a decision in respect of the petitioner's institution also in accordance with the directions as contained in the judgment dated 21.04.2022 passed in Writ-A No.2267 of 2022. The fresh order shall abide in between the parties.

Order Date :- 26.7.2022

VNP/-