Committee of Management Govind Ballabh Pant Uchchattar Madhyamik Vidyalaya Moradabad vs State of U.P.

R. H. Zaidi, J.—Heard learned counsel for the petitioner, learned Standing Counsel and also perused the record.

By means of this petition, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 & 2 to bring the name of the petitioner''s institution on the grantinaid list dated 1811999, prior to the institution, which were granted recognition subsequent to the institution of the petitioners and which have been brought on the grantinlist.

It has been stated that petitioner''s institution was granted permanent recognition on 2121985 and since then the institution has been imparting education to the students and did not commit any breach of the terms and conditions of the recognition. Therefore, the petitioner''s institution was entitled to be brought in the list of institution receiving grantinaid. It has also been stated that the respondents have brought the institution on the grantinaid list which were granted permanent recognition, after recognition was granted to petitioner''s institution. Therefore, they are liable to be directed to bring the petitioner''s institution on the grantinaid list. A counter affidavit had already been filed on behalf of the respondents in which the facts stated in the writ petition have not been denied, only it has been stated that it was due to the mistake of the authority concerned that the petitioner''s institution was not brought on the grantinaid list. In view of these facts, this petition deserves for be allowed.

The writ petition succeeds and is allowed. The respondents are directed to bring the name; of the petitioner''s institution on the grantinaid list prior to the institution which were granted permanent recognition after the permanent recognition was granted to the petitioner''s institution with in a period of one month from the date a certified. copy of this order is communicated to Respondent No. 1.