Allahabad High Court
C/M Shyamkali Balika Inter ... vs State Of U.P. Thru. Prin. Secy. ... on 25 September, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:61916
Court No. - 8
Case :- WRIT - C No. - 16769 of 2019
Petitioner :- C/M Shyamkali Balika Inter College Thru. Manager Anandsen
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko And Others
Counsel for Petitioner :- Vinod Kumar Singh
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Pankaj Bhatia,J.
1. Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Sri Vinod Kumar Singh, learned Counsel for the petitioner and learned Standing Counsel.
2. The submission of the Counsel for the petitioner is that in similar circumstances and on the same reasoning, an order passed against the petitioner was interfered with in Writ-C No.11262 of 2017 and this Court had issued directions for taking a decision. This Court while doing so given the benefit of violation of Article 14 to the petitioner therein.
3. This Court had relied upon an earlier judgment of this Court in the case of Committee of Management, Ram Daun Ram Raj Pre-Secondary School and others vs State of U.P. and others [Writ-C No.4735 of 2017], against which, a Special Appeal Defective No.975 of 2020 was filed, which was dismissed on 21.10.2020 and the SLP preferred was also dismissed.
4. In the present case, the request of the petitioner for taking the institution under grant-in-aid resulted in the respondents raising two objections in the letter dated 03.11.2006, mainly that in the institution, High School and Intermediate Classes are being conducted in the same premises and that Khasra of the institution was not on record. The petitioner had given a reply stating that two schools were granted separate recognitions and the details with regard to Khasra were also mentioned. Despite the clarification, no orders were passed and a fresh order came to be passed against the petitioner denying the request through letter dated 04.01.2007 giving four reasons. The said order came to be challenged by this petitioner in Writ Petition No.5685 (MS) of 2007, which was allowed and the matter was remanded for taking a fresh decision. In the light of the said, the order impugned has been passed mainly on the ground that the case of the petitioner cannot be considered in view of the policy. This court had dealt with similar objections while deciding Writ-C No.11262 of 2017 (C/M Upamanyu Purva Madhyamik Vidyalay vs State of U.P. and others, vide order dated 05.09.2022.
5. Following the analogy, on which, the decision was rendered and on the same terms and conditions, the present writ petition is also allowed. The impugned order dated 13.09.2018 is quashed. The directions as contained in Writ-C No.11262 of 2017 shall apply to the present petitioner also.
Order Date :- 25.9.2023
akverma
