C/M D Kashi Prasad Jaiswal Junior High ... vs State Of Up And 3 Others
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Allahabad High Court

C/M D Kashi Prasad Jaiswal Junior High ... vs State Of Up And 3 Others on 1 July, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:106134
 
Court No. - 34
 

 
Case :- WRIT - C No. - 19411 of 2024
 
Petitioner :- C/M D Kashi Prasad Jaiswal Junior High School And Another
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Ram Lal Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.
 

1. Heard Shri Ram Lal Mishra, learned counsel for the petitioner and Shri Ashish Kumar Dubey, learned Standing Counsel for the State-respondents.

2. The petitioners by means of the present petition prayed for a writ, order or direction in the nature of mandamus commanding and directing the respondents to release the aid in favour of the petitioner as mandated under the provisions of the Act of 2009, namely, The Right of Children Free and Compulsory Education Act-2009.

3. The contention of learned counsel for the petitioners is that the institution of which, the petitioner is the Manager in non-aided recognized institutions under the provisions of the U.P. Basic Education Act 1972. The entire expenses in purchasing the land, raising the infrastructure and maintaining the staff of teacher and institution is being owned by the petitioner no.1.

4. The further contention of learned counsel for the petitioner is that it is the general practice that in the cases where the same Committee of Management is running a Junior High School as well as Primary Schools and the Junior High School is getting the grant-in-aid then the primary section also becomes entitled for the grant. In support of his contention, learned counsel for the petitioners has placed reliance upon the judgement passed by the Hon'ble Apex Court in the case of State of U.P. and others Vs. Pawan Kumar Divedi and others, Civil Appeal No.3989 of 2006.

5. Learned counsel for the petitioner further submits that he has already filed a representation dated 25.01.2021 which is pending before the Secretary (Basic Education), U.P., Lucknow for consideration regarding its aforesaid claim but the same has not been taken care of. At this stage, he confined his prayer to the extent that a direction be issued to the Secretary concerned to decide the said application / representation in the light of the relevant Rules and the judgment passed by the Hon'ble Supreme Court in the case of Pawan Kumar Divedi (supra).

6. Taking into consideration the nature of the prayer made by learned counsel for the petitioner as mentioned above, this Court is of the view that no useful purpose would be served to keep the writ petition pending and in view of the same the present writ petition is liable to be disposed of with a direction to the respondent no. 3 to look into the matter and pass appropriate orders strictly in accordance with law on the application/ representation if submitted within a period of 10 days for today, by the petitioner with complete details and supporting documents. If the aforesaid representation is moved by the petitioner within the time specified herein above, the same shall be decided by a reasoned and speaking order, by authority concerned within a period of four weeks from the date of its receipt.

7. The writ petition is accordingly, disposed of with the abovementioned directions.

Order Date :- 1.7.2024

RKM