Allahabad High Court
C/M Baba Ram Nath Shiksha Niketan ... vs U.O.I. Thru. Secy. Social ... on 9 March, 2021
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- MISC. SINGLE No. - 5755 of 2021 Petitioner :- C/M Baba Ram Nath Shiksha Niketan Prim.Pathshala,Amethi &Anr Respondent :- U.O.I. Thru. Secy. Social Justice/Empowerment New Delhi,&Ors Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.,A.S.G. Hon'ble Jaspreet Singh,J.
Heard the learned counsel for the petitioners and Shri Devrishi Kumar learned A.S.G. appearing for the respondent no.1 as well as the learned Chief Standing Counsel for the respondent nos.2 and 3.
By means of the instant petition, the petitioners seek a mandamus commanding the respondent no.1 to release the Gand-in-Aid for the year 2017-2018 of the petitioners' institution for which a recommendation has been made by the State Government in favour of the petitioners' institution.
It is the case of the petitioners that a temporary recommendation has been granted by the District Basic Education Officer, Sultanpur on 06.03.2003 with certain conditions. The petitioners have complied with the aforesaid formalities and report from the State Government has also been forwarded recommending the Gand-in-Aid in favour of the petitioners by means of letter dated 01.07.2005.
It is further submitted that the payment for the financial year 2013-14 has been released in favour of the petitioners. However, subsequent payments have not been paid. The petitioners have made representations which are pending before the respondent no.1, copies of which have been brought on record as annexure nos.8, 9 and 10. Despite pendency of the aforesaid representations, no action has been taken whereas in similar circumstances in respect of another institution an order has been passed by a Co-ordinate Bench of this Court in Writ Petition No.7181 (M/S) of 2018.
Since the representation of the petitioners is engaging the attention of the respondent no.1 who is yet to take the decision, accordingly in the aforesaid facts and circumstances, with the consent of the counsel for the parties without entering into the merit of the matter, this Court is of the opinion that ends of justice can be served if the respondent no.1 is directed to take a decision on the representation of the petitioners with expedition and communicate the same to the petitioners within a period of six weeks from the date, a copy of this order is placed before the authority concerned. It is made clear that the Court has not adjudicated the case of the petitioners on merits and the authority shall take a decision strictly in accordance with the rules and in case if the petitioners qualify for the aforesaid, appropriate order would be passed.
With the aforesaid, the petition stands disposed of.
Order Date :- 9.3.2021 ank