Committee of Management Ambedkar Balak Balika Primary Vidyalay vs State of U.P.& Ors.

Dilip Gupta, J.

Writ petitionerappellant, aggrieved by judgment and order dated 24.03.2009 passed by a learned Judge in Civil Misc. Writ Petition No. 15774 of 2009, has preferred this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.

Writ petitionerappellant (hereinafter referred to as the ''''petitioner'') filed the aforesaid writ petition, inter alia, praying for bringing the institution, namely, Ambedkar Balak Balika Primary Vidyalay, Sidha Sultanpur, District Azamgarh (hereinafter referred to as the ''''institution'') in the list of recurring grantinaid/grantinaid, interalia, contending that the institution had fulfilled the eligibility criteria. The learned Judge by the impugned order rejected the said prayer, interalia, observing that the petitioner had no legal right to demand that the institution be included in the list of recurring grantinaid/grantinaid institutions merely because it has established the institution and so mandamus sought for was not fit to be issued.

We do not find any error in the judgment of the learned Judge.

Mr. Awadh Narain Rai, counsel for the petitioner, however, contends that petitioner''s application for bringing the institution in the list of grantinaid institutions is pending before the State Government.

Having heard Mr. Rai for the petitioner, Standing Counsel for the State respondents and taking into consideration the facts and circumstances of the case, we deem it expedient that the State Government takes a decision on the issue, if not already taken, within a period of three months from the date of receipt/production of a copy of this order.

It is made clear that we have not expressed any opinion in regard to the claim made by the petitioner and that shall be considered in accordance with law.

In order to facilitate early decision, petitioner along with the copy of this order shall annex various communications made this regard.

Appeal stands dismissed with the observations aforesaid.