Allahabad High Court
C/M, Dr. Ram Manohar Lohiya Junior High ... vs State Of U.P. And Another on 2 August, 2019
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 11661 of 2019 Petitioner :- C/M, Dr. Ram Manohar Lohiya Junior High School And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondents.
Learned counsel for the petitioners submitted that there is an educational institution in the name of Dr. Ram Manohar Lohiya Junior High School, Simardhari, Iglas, District Aligarh, which was granted permanent recognition for primary section (Class to I to V) with effect from 15.12.1969 and again for junior section level (Class VI to VIII) from 26.5.1972. So far as Class VI to VIII is concerned, the said institution is receiving grant-in-aid. He next submitted that upper and lower primary sections are situated in one campus and having same Headmaster, therefore, in light of judgment of Apex Court in the case of State Of U.P. & Ors vs Pawan Kumar Divedi & Ors passed in Civil Appeal No.3989 of 2006 decided on 8th September, 2006, petitioner is also entitled for grant-in-aid for Primary Section (Class I to V). For redressal of his grievance, petitioner has moved an application on 22.4.2019 before the Secretary, Basic Education, Government of U.P., Lucknow-respondent no.1, but till date same has not been decided. Lastly, he submitted that a suitable direction may be issued to the respondent no.1 to consider the application of the petitioner and decide the same in light of judgment of Apex Court in the case of Pawan Kumar Divedi (Supra) and also provide grant-in-aid.
Learned Standing Counsel submitted that application of the petitioner shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent no.1 to consider and decide the application of the petitioner dated 22.4.2019 strictly in accordance with law maximum within six weeks from the date of production of certified copy of this order. Petitioner is also directed to annex the photo copy of the application dated 22.4.2019 alongwith certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.1 to decide the application of the petitioner after considering the relevant Rules as well as Government Orders occupying the field.
Order Date :- 2.8.2019 Junaid