C/M Maharshi Yogiraj Devraha Baba ... vs State Of U.P. And 3 Ors.
2024 Latest Caselaw 38818 ALL

Allahabad High Court

C/M Maharshi Yogiraj Devraha Baba ... vs State Of U.P. And 3 Ors. on 25 November, 2024

Author: Saral Srivastava

Bench: Saral Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:184279
 
Court No. - 32
 

 
Case :- WRIT - C No. - 4277 of 2018
 

 
Petitioner :- C/M Maharshi Yogiraj Devraha Baba Harijan Prathmik Vidyalaya And Anr.
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Awadh Behari Singh,Manish Singh
 
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
 

 
Hon'ble Saral Srivastava,J.
 

1. Heard counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the record.

2. The petitioners by means of the present writ petition have prayed for the following reliefs:

"i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide grant-in-aid to the institution of the petitioners in the light of the judgment of Hon'ble Apex Court in the case of Pawan Kumar Dwivedi;

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pass an appropriate order in the light of judgment of Hon'ble Apex Court and the orders already passed with regard to other institutions on 15.5.2017 and 27.7.2017."

3. It is submitted that the petitioners' institution namely Maharshi Yogiraj Devraha Baba Harijan Prathmik Vidyalaya, Gurvaliya, Kushinagar applied for taking the institution on grant-in-aid.

4. A counter affidavit has been filed, in which it has been stated in paragraph 6 that the petitioner does not fulfill the norms for grant-in-aid, as in one place several institutions are running. However, in paragraph 8 of the counter affidavit, the respondents have stated that decision will be taken taken at the level of Directorate/State Government. Paragraph 8 of the counter affidavit is reproduced hereinbelow:

"That, in reply to the contents of paragraph Nos.13,14 and 15 of the writ petition, it is submitted that decision will be taken at the level of Directorate/State Government."

5. In view of the statement made in paragraph 8 of the counter affidavit, the writ petition is disposed of with the direction to respondent no.1 to decide the claim of the petitioners with respect to grant-in-aid within a period of two months from the date of production of a certified copy of this order.

Order Date :- 25.11.2024

CS/-