Committee of Management of The Hajari Lal Inter College vs State of U.P.

Rajiv Sharma, J.—Heard learned Counsel for the Petitioners and learned Standing Counsel.

By means of the instant writ petition, the Petitioner prays for a writ in the nature of Mandamus commanding the opposite parties to consider the case of the Petitioner for grant-in-aid to the Petitioner''s institution upto Junior High School in the light of the judgment and order passed by the Single Judge in Civil Misc. Writ Petition No. 61343 of 2006. Further it has been prayed that the benefit of the order dated 4.1.2007 passed by the Single Judge in Civil Misc. Writ Petition No. 61343 of 2006 affirmed by the Division Bench in Special Appeal No. 162 of 2007 and also affirmed by the Apex Court ivied judgment dated 2.12.2009.

Learned Counsel for the Petitioner submits that Government Order dated 7.9.2006 was challenged in writ petition No. 61343 of 2006: Committee of Management Mata Tapeshwari Saraswati Vidya Mandir v. State of U.P. and Ors. and this Court at Allahabad was pleased to quash the condition No. 2 (13) of the Government Order dated 7.9.2006. The relevant part of the order dated 4.1.2007 reads as under:

Accordingly, 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 Petitioners institution (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.

Learned Counsel for the Petitioner submits that the aforesaid order dated 4.1.2007 was challenged in Special Appeal No. 162 of 2007: State of U.P. and Ors. v. Committee of Management Mata Tapeshwari Saraswati Vidya Mandir and a Division Bench of this Court at Allahabad, vide judgment and order dated 15.1.2008, dismissed the special appeal. Feeling aggrieved, the State of U.P. preferred SLP before the Hon''ble Supreme Court, which was numbered as SLP (C) No. 4630 of 2008: State of U.P. v. Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir and Ors. Initially, Hon''ble Supreme Court, while issuing notices, directed the parties to maintain status quo but finally, Hon''ble Supreme Court, vide judgment and order dated 2.12.2009, dismissed the special leave petition. The relevant part of the order dated 2.12.2009 reads as under:

These special leave petitions are, accordingly, dismissed. As directed by the learned Single Jude of the High Court by his judgment and order dated 4th January, 2007 and upheld by the Division Bench by its judgment and order dated 15th January, 2008, the Petitioners are directed to consider the case of the Respondent institutions, along with other applicants, for being brought within the ambit of the grant-in-aid Scheme in pursuance of the Government Order dated 7th September, 2006, and while doing so ignore Condition No. 2 (13) of the said order and Condition No. 12 of the Advertisement dated 9th September, 2006, issued by the Directorate of Basic Education, U.P.

Learned Counsel for the Petitioner submits that the case of the Petitioner is identical to that of the aforesaid case and as such, interest of justice would suffice, if the opposite parties are directed to consider the case of the Petitioner in terms of the order and judgment dated 2.12.2009 passed by the Hon''ble Supreme Court, to which learned Standing Counsel did not dispute.

In view of the above, the writ petition is disposed of finally with a direction to the opposite parties to consider the case of the Petitioner in terms of the order and judgment dated 2.12.2009 passed by Hon''ble Supreme Court in SLP (C) No. 4630 of 2008: State of U.P. v. Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir and Ors.