Disposed

C/M Salik Ram Shambhu Dayal Krishak Inter College Thru. Mgr. v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Secondary

Allahabad HC2 Jan 2025WRIC/15650/2019

Case brief

AI extract

What is this about?

Management challenged rejection of its institution's inclusion in the grant-in-aid list. The Court found the impugned order non-speaking, based only on a District Inspector of Schools report without independent discussion, quashed it, and directed the Additional Chief Secretary to reconsider per the Government Order dated 20.02.2014 within eight weeks.

What did the court decide?

Impugned order dated 08.03.2019 quashed; authority directed to reconsider grant-in-aid claim in light of GO dated 20.02.2014 within eight weeks.

C/M Salik Ram Shambhu Dayal Krishak Inter College… — Education and Admissions | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:58

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Court No. - 19

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Case :- WRIT - C No. - 15650 of 2019

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Petitioner :- C/M Salik Ram Shambhu Dayal Krishak Inter College Thru. Mgr. Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Secondary Counsel for Petitioner :- Surendra Pratap Singh,Krishna Kumar Singh,Manoj Kumar Pandey,Rajendra Pratap Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners and learned State Counsel for opposite party.

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Petition has been filed challenging order dated 08.03.2019 whereby petitioners' prayer for being taken in grant-in-aid list has been rejected.

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Learned counsel for petitioners submits that a bare perusal of impugned order will make it evident that the same is based completely on report submitted by District Inspector of Schools without any application of independent mind by authority concerned. It is submitted that the management version has also not been considered while passing the impugned order.

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Learned counsel further submits that the cut-off date of 14.10.1986 even otherwise would be inapplicable in the case of petitioners since petitioners' institution was granted recognition on 27.09.1985 and is a fact which has not been considered.

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Learned counsel has placed reliance on directions issued by this Court in Writ Petition No. 8716 of 2002, Committee of Management Sri 108 Swami Naga Nirwan Ji Maharaj Inter College, Hanswa, Fatehpur versus State of U.P. and others as well as directions issued in Writ-C No. 15968 of 2015, Committee of Management Sri Gokul Prasad Balika Uchchatar Madhyamik and another versus State of U.P. and others.

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Learned counsel further submits that petitioners' institution even otherwise is entitled for being brought under grant-in-aid in terms of Government Order dated 20.02.2014 as referred to in order dated 20.05.2014 issued by the Director of Education (Madhyamik) U.P.

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Learned State counsel on the basis of counter affidavit submits that despite opportunities having been granted to petitioners' institution, relevant details and facts as well as documents were never furnished.

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Upon consideration of submissions advanced and perusal of material on record, particularly the impugned order, it is evident that there is no independent discussion in impugned order with regard to dispute in question and impugned order has merely placed reliance on report submitted by District Inspector of Schools without any discussion thereupon.

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Ex-facie the order impugned is non-speaking in nature.

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In view of aforesaid facts and circumstances, impugned order dated 08.03.2019 is hereby quashed by issuance of a writ in the nature of ceriorari granting liberty to opposite party no. 1 i.e. Additional Chief Secretary/Principal Secretary, Department of Secondary Education, U.P. Civil Secretariat, Lucknow to revisit grievance of petitioners in the light of Government Order dated 20.02.2014 as referred to in order dated 20.05.2014 issued by the Director of Education (Madhyamik) U.P. as well as in view of directions issued by Co-ordinate Bench of this Court in Writ Petition No. 8716 of 2002, in case the same is applicable. Decision with regard to same shall be taken expeditiously, preferably within a period of eight weeks from the date a certified copy of this order is served upon concerned authority.

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With aforesaid directions, petition stands disposed of.

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Order Date :- 2.1.2025 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

C/M Salik Ram Shambhu Dayal Krishak Inter College Thru. Mgr. v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Secondary

Case brief

What is this about?

What did the court decide?

C/M Salik Ram Shambhu Dayal Krishak Inter College Thru. Mgr. v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Secondary

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