High Court of Judicature at Allahabad
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C/M Sri Kanchan Prasads Tripathi Uchchatar Madhyamik Vid. v. State Of U.P. And Others - WRIT - C No. 7761 of 2007  RD-AH 2330 (13 February 2007)
Civil Misc. Writ Petition No. 7761 of 2007
Committee of Management Sri Kanchan Prasad Tripathi Uchchatar, Madhyamik Vidyalaya, Bhaisahi, Basti
State of U.P. and others
Hon'ble Vineet Saran, J
By means of Government Order dated 7.9.2006, applications were invited from permanently recognized unaided Junior High Schools for being taken on grant-in-aid of the State Government. The eligibility criteria of the applicants were mentioned in the said Government Order. One such condition enumerated in paragraph 2(13) was that only institutions imparting education from classes 6 to 8 would be eligible to apply, meaning thereby that those institutions which were imparting education to classes lower than class 6 or classes higher than class 8 would not be entitled to apply. Pursuant to the said Government Order, an advertisement was issued by the Directorate of Basic Education on 9.9.2006, inviting applications from eligible institutions, in which also a similar condition was imposed, being condition no.12.
Aggrieved by the said condition, petitioner's educational institution has filed this writ petition primarily with the prayer for quashing the condition no. 2(13) contained in the Government Order dated 7.9.2006, as well as condition no. 12 of the advertisement dated 9.9.2006 issued by the Directorate of Basic Education. A further prayer has also been made for issuing a direction to the respondents to consider the Junior High School section of the petitioner institution for being brought on grant-in-aid in pursuance of the Government Order dated 7.9.2006, ignoring the aforesaid condition.
I have heard learned counsel for the parties.
An identical writ petition no. 61343 of 2006 Committee of Management Mata Tapeshwari Saraswati Vidya Mandir Uchchttar Madhyamik Vidyalaya, Maradah, District Ghazipur and others vs. State of U.P. and others involving the same questions, as are involved in this writ petition, has been decided by a detailed reasoned judgment dated 4.1.2007 and learned counsel for the parties agree that this writ petition may be disposed of in terms of the said judgment.
Accordingly, for the reasons given in the judgment dated 4.1.2007 passed in Civil Misc. Writ Petition No. 61343 of 2006 Committee of Management Mata Tapeshwari Saraswati Vidya Mandir Uchchttar Madhyamik Vidyalaya, Maradah, District Ghazipur and others vs. State of U.P. and others, this writ petition is allowed and condition no. 2(13) of the Government Order dated 7.9.2006 issued by the State Government as well as condition no. 12 of the advertisement dated 9.9.2006 issued by the Directorate of Basic Education, U.P. are quashed. The respondent authorities are directed to consider the petitioner institutions (along with the other applicants) for their Junior High School section being brought on grant-in-aid in pursuance of the Government Order dated 7.9.2006, ignoring the aforesaid conditions of the Government Order and the advertisement.
No order as to cost.
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