Committee Of Management Saraswati Vidya Mandir vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

Petitioner is a Committee of Management of a School named as Saraswati Vidya Mandir Kanakpal, Janta Higher Secondary School, Queedang, District Tehri Garhwal.

The school run by the petitioner-Committee of Management, is a recognized non-aided School at primary level (Class I-V). The petitioner applied for bringing the said institution on grant-in-aid by making an application to the respondent No.3-Director, Elementary Education, Department of Education, Uttarakhand. Respondent No.3-Director, Elementary Education sought information from the respondent No.4-Chief Education Officer, Tehri Garhwal regarding the primary schools, which were unaided in District Tehri Garhwal.

The respondent No.4-Chief Education Officer, District Tehri Garhwal vide its letter dated 30.03.2016 provided such information to the respondent No.3-Director, Elementary Education, which includes the name of the petitioner’s school also.

The said information was sent to the respondent No.2-Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand vide its letter dated 23.11.2016. But, till date, the matter regarding the petitioner’s school to bring it in grant-in-aid is left undecided.

Learned counsel for the petitioner submits that although the representation was sent by the petitioner to the respondent No.3-Director Elementary Education to decide the matter of the petitioner regarding the grant-in-aid status to the primary school. No action so far has been taken by the respondents.

Learned counsel for the petitioner further made a submission that if this Court allows the petitioner to move a fresh representation to the Competent Authority i.e. respondent No.2-Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand, and direct the respondent No.2 to decide the fresh representation so made by the petitioner, within a stipulated period, the ends of justice would met.

Accordingly, the writ petition is finally disposed of and it is provided that the petitioner shall make a fresh representation to the respondent No.2-Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand, Dehradun, detailing its grievances and referring all the communication in respect thereof to the respondents, within one week from today. If such representation is made by petitioner, respondent No.2-Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand, shall decide the said representation within a period of 03 months from the date of receipt of said representation.