C/M, DR. AMBEDKAR BAL SHIKSHA, NIKETAN BALIKA LAGHU MADHYAMIK VIDYALAYA THRU. MANAGER AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF / PRIN. SECY., BASIC EDUCATION, LKO. AND 3 OTHERS
WRIC/3934/2025 · 2025-04-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136218 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136218 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23843
Court No. - 6 Case :- WRIT - C No. - 3934 of 2025 Petitioner :- C/M, Dr. Ambedkar Bal Shiksha, Niketan Balika Laghu Madhyamik Vidyalaya Thru. Manager And Another Respondent :- State Of U.P. Thru. Addl. Chief / Prin. Secy., Basic Education, Lko. And 3 Others Counsel for Petitioner :- Prem Shankar,Ved Prakash Singh Counsel for Respondent :- C.S.C.,Uday Veer Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for petitioners, learned State Counsel for opposite parties no. 1 to 3 and Mr. Sunil Kumar, Advocate holding brief on behalf of Dr. Uday Veer Singh, learned counsel for opposite party no. 4. 2. Petition has been filed seeking the following reliefs:-
"(i) issue a writ order or direction in the nature of mandamus commanding the opposite party no. 1 to consider the claim of petitioners' girls institution for taking into grant in aid under Payment of Salaries Act, 1978 with effect from 1.12.2006 ?r the date from which other Institutions/Vidyalayas have been taken into grant in aid list of State Govt. in pursuance of G.O. dated 7.9.2006 which were permanently recognized upto 23.04.1999, subsequent to the permanent recognition of petitioners' institution on 29.09.1997 contained in annexure no.3 to the writ petition keeping in view of insertion of Article 21 A of the Constitution of India read with RTE Act, 2009 as has been held by the Hon'ble Supreme Court in its final judgement dated 02.12.2009 as well as recent judgement dated 23.5.2019 passed in WRIT-C No. 38992 of 2017 and other connected bunch of writ petitions; (ii) issue a writ order or direction' in the nature of mandamus commanding the opposite party no. 1 to provide the grant- in-aid to the petitioner's vidyalaya immediately as per mandate of the Hon'ble Supreme Court issued in case of State of U.P. Vs. Mata Tapeswari & others as well as recent judgement dated 23.5.2019 passed in WRIT C No. 38992 of 2017 and other connected bunch of writ petitions; (iii) issue a writ order or direction in the nature and manner which deem just and proper in the circumstances of the case. (iv) Allow the writ petition with costs."
3. In view of prayer made, without entering into merit of the case and since factual aspects are involved in the issue, petitioners' institution having already submitted an application seeking grant-in-aid with the opposite party no.
1 i.e. Additional Chief Secretary/Principal Secretary Basic Education, Civil
Secretariat, Lucknow, the said authority is directed to consider and decide the same in accordance with law expeditiously, preferably within a period of three months from the date a certified copy of this order is placed before the said authority. 4. With aforesaid directions, petition stands disposed of. Order Date :- 25.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench