Disposed

Committee of Management Maa Phoolwati Devi Higher Secondary School and Another v. State of Up and 4 Others

Allahabad HC2 Jul 2024WRIC/18896/2024

Case brief

AI extract

What is this about?

This Court disposed of a writ petition seeking direction to the State Education Department for a grant-in-aid representation. The Court said no useful purpose would be served in keeping it pending.

What did the court decide?

Directed Director Education (Basic) U.P. to consider fresh representation within two weeks and decide within six weeks.

Committee of Management Maa Phoolwati Devi Higher… — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:128267

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Court No. - 34

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Case :- WRIT - C No. - 18896 of 2024 Petitioner :- Committee Of Management Maa Phoolwati Devi Higher Secondary School And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Anand Kumar Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Supplementary affidavit dated 28.07.2024 filed on behalf of the petitioners is taken on record.

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Heard Sri Anand Kumar Pandey, learned counsel for the petitioners and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents.

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By means of the present writ petition the petitioner has prayed for the following relief:

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"A. Issue a writ order or direction in the nature of mandamus commanding the respondent authority to forthwith consider the claim of the petitioners for being brought under the grant in aid list.

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B. Issue a writ order or direction in the nature of mandamus commanding the respondent to decide the representation dated 25.01.2024 which is still pending.

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C. Issue a writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."

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The submission of learned counsel for the petitioners is that the institution of the petitioner is recognized institution and imparting education to the children upto Class-I to VIII.

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The contention of the learned counsel for the petitioners is that the institution of the petitioners is entitled for grant-in-aid under the existing policy of the State Government. He further submits that the petitioner has already moved an application / representation dated 20.07.2024 before the Director Education (Basic) U.P. at Lucknow / respondent no. 3. The said application/representation filed by the petitioner is still pending for disposal.

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Taking into consideration the factual matrix of the case, this Court is of the view that no useful purpose would be served to keep this writ petition pending.

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On the request of the learned counsel for the petitioners,

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liberty is granted to the petitioners to move a detailed representation narrating the complete facts and the details of the government policies applicable in the present case as claimed by the petitioners.

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Accordingly, without adverting on the merits of the case, this writ petition is finally disposed of with a direction to the Director Education (Basic) U.P. at Lucknow / respondent no. 3 to consider the case of the petitioner as per law and takes appropriate decision at the earliest. It is provided that in case the petitioner moves the aforesaid representation afresh, before the respondent no.3 within a period of two weeks, the same shall be considered and decided within a maximum period of six weeks from the date of filing of fresh application / representation along with certified copy of this order.

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Order Date :- 8.8.2024 Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Committee of Management Maa Phoolwati Devi Higher Secondary School and Another v. State of Up and 4 Others

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Committee of Management Maa Phoolwati Devi Higher Secondary School and Another v. State of Up and 4 Others

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