C/M Sri Shanti Sanskrit Uchchatar ... vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 23687 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57285
 
Court No. - 8
 

 
Case :- WRIT - C No. - 7388 of 2023
 

 
Petitioner :- C/M Sri Shanti Sanskrit Uchchatar Madhyamik Vidyalaya,Ambedkar Nagar Thru. Manager Smt. Shanti Devi
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education, Lko. And 2 Others
 
Counsel for Petitioner :- Krishna Madhav Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard the counsel for the petitioner and the learned Standing Counsel.

2. The present petition has been filed with the following prayers:

"(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 14.03.2019 passed by the opposite party No.2 contained as Annexure No. 1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to extend the benefits of grant-in-aid upon the attached primary section of Sri Shanti Sanskrit Uchchatar Madhyamik Vidyalaya, Naghara Gosaiganj, Ambedkar Nagar, so that the teachers working in the attached primary section may be given salary from the State Exchequer."

3. The contention of the counsel for the petitioner is that the impugned order is wholly arbitrary and illegal and is squarely covered by the decision of this Court in Writ C No.33255 of 2019 decided on 23.09.2022.

4. As the issue has already been decided by this Court, the impugned order dated 14.03.2019 is not sustainable and is quashed. The matter is remanded to the respondent authority to pass a fresh order considering the claim of the petitioner in the light of the judgment dated 23.09.2022. The said order shall be passed within a period of four months.

5. The writ petition stands disposed off.

Order Date :- 28.8.2023

VNP/-