Allahabad High Court
State Of U.P. And 3 Others vs Committee Of Management Smt. Harpyari ... on 9 December, 2020
Bench: Govind Mathur, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 1196 of 2020 Appellant :- State Of U.P. And 3 Others Respondent :- Committee Of Management Smt. Harpyari Devi Kanya Junior High School And Another Counsel for Appellant :- Subhash Rathi Counsel for Respondent :- Santosh Kumar Tiwari Hon'ble Govind Mathur,Chief Justice Hon'ble Piyush Agrawal,J.
This appeal is barred by limitation from 402 days, ignoring the same, we have looked into merits of the case.
By the order impugned, learned single Bench while accepting the petition for writ directed the Secretary, Basic Education, Government of Uttar Pradesh, Lucknow to include the respondent-petitioner's institution in the grant-in-aid list and to pay the salary to the teachers and staff of the institution accordingly.
On going through the facts averred in the judgment impugned and as accepted by learned Standing Counsel that in the year 2006 the petitioner-institution was entitled to have grant-in-aid but was left out due to some inadvertence.
It would also be appropriate to state that subsequent discontinuation of the policy of the grant-in-aid would not adversely affect case of the respondent-petitioner being entitled to have grant-in-aid much back in the year 2006-07.
In view of this factual background, we are of considered opinion that the respondent-petitioner cannot be placed at an adverse platform due to mistake on part of the appellant or its officials.
Learned single Bench as such does not committed any error that may warrant interference in appellate jurisdiction. The appeal hence, is dismissed.
Order Date :- 9.12.2020 Bhaskar (Piyush Agrawal, J.) (Govind Mathur, C.J.)