This Special Appeal was held时间和不当 and dismissed, superseded by a revised cost award of Rs. 5,000, allowing financial aid to resume.
Costs reduced to Rs. 5,000 payable next term; financial aid to resume.
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Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 932 of 2018 Appellant :- State of U.P. Respondent :- The C/M Sri Dravi Nath Purva Madhyamik Vidyalaya And Another
Counsel for Appellant :- Rajiv Singh Counsel for Respondent :- Priya Ranjan Rai Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
This appeal is barred by limitation from 80 days. Ignoring the same we have looked into merits of the case. By the judgement impugned learned Single Bench set aside the order dated 18.11.2011 and quashed the order dated 23.05.2014.
By the orders aforesaid the financial aid was stopped that was allowed to the respondents / petitioners' institution. The financial aid came to be detained firstly, on the count that the appointments of the employees with the institution were not made in accordance with applicable rules and secondly, on the count that as per the applicable rules no two aided institution could have been allowed to continue within a periphery of 300 meters. From perusal of the facts available on record it is apparent that a permanent recognition was given to the respondents / petitioners' institution in the year 1984. At that time all necessary enquiry was made and nothing was found adverse. After a lapse of 23 years it was not open for the respondents to say that at the time of grant of permanent recognition the appointments were dehors the rules.
So far as the second argument is concerned that too lacks merit. As per the facts averred the respondents / petitioners' institution was the first institution working in the area and within the periphery of 300 meters a school was subsequently established. Learned Single Bench in quite ambiguous terms after examining the record held that, that in the vicinity of the institution other school could not have been opened at all. Learned Single Bench while dismissing the petition for writ also imposed a cost of Rs. 50,000/-. Having considered all the facts and circumstances of the case we deem it appropriate to reduce the same to a sum of Rs. 5,000/- that is required to be paid to the petitioners' institution while making payment of next term aid. The appeal stands, disposed of, accordingly.
Order Date :- 24.2.2020 AS Rathor
(Samit Gopal,J.) (Govind Mathur, C.J.)
State of U.P.
C/M Sri Dravi Nath Purva Madhyamik Vidyalaya
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
