Disposed

Gram Panchayat Bankata Pratham through Gram Pradhan v. State of U.P. and 4 Others

Allahabad HC9 Jan 2018WRIC/49068/2017

Case brief

AI extract

What is this about?

The Court dismissed the petition challenging the transfer of a school to a neighboring Panchayat, upholding the impugned order under Section 9-A of the U.P. Basic Education Act. The alternative prayer for a new school was referred to the Director of Basic Education.

What did the court decide?

Prayer challenging the impugned order rejected; petition disposed with liberty to represent cause to the fourth respondent regarding the new school sanction.

Gram Panchayat Bankata Pratham through Gram… — Education and Admissions | Allahabad HC (2018)

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Court No. - 33

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Case :- WRIT - C No. - 49068 of 2017

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Petitioner :- Gram Panchayat Bankata Pratham Through Gram Pradhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yash Tandon Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,Dharam Deo Chauhan

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Hon'ble Manoj Misra,J.

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Heard learned counsel for the petitioners; learned Standing Counsel for the respondents 1 and 4; and Sri Ashok Kumar Singh for the respondents 2 and 3.

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The petitioner before this Court is Gram Panchayat, Bankata. The territorial limits of the said Gram Panchayat was altered in pursuance of an exercise conducted under the provisions of U.P. Panchayat Raj Act, 1947 as a consequence whereof a basic education institution that fell under its territorial jurisdiction came within the territorial limits of the respondent no.5 ( Gram Panchayat, Rohua).

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The grievance of the petitioner is that the Gram Panchayat of the petitioner has larger population, yet the institution was transferred to the fifth respondent. It appears that the petitioner had represented its cause pursuant to liberty given by this Court vide order passed in Writ-C No.7056 of 2017, but the same has been decided against the petitioner by the impugned order dated 29.06.2017.

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The impugned order refers to the provisions of the Basic Education Act as also the provisions of the U.P. Panchayat Raj Act and by placing reliance on those provisions, the claim of the petitioner has been rejected on the ground that once the Panchayats have been reconstituted, the institution which falls in the Panchayat concerned would be subject to the control of that Panchayat and not the erstwhile Panchayat.

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As the aforesaid action is in conformity with the provisions of Section 9-A of the U.P. Basic Education Act, 1972 which provides control to the Gram Panchayat within whose territorial limit the institution and its building falls, the petitioner cannot have any valid grievance.

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Accordingly, this Court finds no good reason to entertain challenge to the impugned order. The prayer made in that regard is rejected.

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In the alternative, the petitioner has also prayed for a direction

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upon the respondents to consider sanctioning another school in the Panchayat concerned looking to its population.

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The said aspect can be examined by the Director of Basic Education, Government of U.P. (fourth respondent) and therefore, to that extent, this petition is disposed of with liberty to the petitioner to represent its cause to the fourth respondent.

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With the aforesaid liberty, the petition stands disposed of .

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Order Date :- 9.1.2018 AKShukla/-

Gram Panchayat Bankata Pratham through Gram Pradhan v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Gram Panchayat Bankata Pratham through Gram Pradhan v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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