C/M BHAGWATI DURGA SANSKRIT MADHYAMIK VIDYALAYA THRU. MANAGER SMT. LATA DEVI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MADHYAMIK EDUCATION U.P. LKO. AND 4 OTHERS
WRIC/6717/2024 · 2025-01-02
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152126 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:87 Court No. - 19 Case :- WRIT - C No. - 6717 of 2024 Petitioner :- C/M Bhagwati Durga Sanskrit Madhyamik Vidyalaya Thru. Manager Smt. Lata Devi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Madhyamik Education U.P. Lko. And 4 Others Counsel for Petitioner :- Pt. S. Chandra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and learned State Counsel for opposite parties
2. Petition has been filed seeking a direction to authority concerned to decide petitioner's representation dated 20.07.2023 pertaining to taking petitioner-institution under grant in aid in pursuance of Government Order dated 07.02.2014. Concomitant prayers pertaining to taking petitioner-institution under grant in aid and for disbursement of salary to teaching and non-teaching staff with effect from 07.02.2014 along with arrears and interest have also been sought.
3. Learned counsel for petitioner has adverted to counter affidavit filed by opposite parties dated 27.08.2024, specifically paragraph 14 and Annexure CA-2 appended thereto to indicate that the only reason for ignoring petitioner's claim for being brought petitioner-institution under grant in aid is that the institution was not found to have been approved or recognized by the Sampoornanand Sanskrit University, Varanasi.
4. He has however adverted to letter dated 27.10.2024 issued by University itself indicating that petitioner-institution has been granted permanent recognition uptill Uttar Madhyama stage on 02.12.1998 in pursuance of resolution dated 30.12.1998.
5. It is submitted that aforesaid facts have not been taken into
consideration by opposite parties.
6. Learned State counsel has however adverted to counter affidavit to submit that petitioner's case for being brought under grant in aid was not recommended by the state Level Committee primarily on ground of not being recognized by Sampoornanand Sanskrit University as well as fact that the security money deposited by petitioner-institution was only Rs.15,000/-.
7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that while omitting to recommend petitioner's case for being brought under grant-in-aid, the aspect of petitioner- institution already having been granted recognition with effect from 02.12.1998 up to the stage of Uttar Madhyama has not been considered by the State Level Committee in its proper perspective as evident from the subsequent letter dated 27.10.2024 issued by the University itself certifying recognition to the petitioner-institution. The recommendation of State Level Committee pertaining to security deposit also does not indicate as to whether the same was inadequate or not.
8. In view of such facts and circumstances, opposite party no.1, i.e. Principal Secretary/Additional Chief Secretary, Department of Medical Education, Government of U.P. Civil Secretariat Lucknow through appropriate forum is directed to reconsider petitioner's case for grant-in-aid in terms of the relevant statutory provisions and Government Order(s), particularly taking into account letter dated 27.10.2024 issued by Sampoornanand Sanskrit University, Varanasi certifying petitioner's recognition.
9. Such a decision shall be taken by opposite parties within a period of three months from the date a certified copy of this
order is served upon opposite party no.1.
10. Petitioner shall annex a copy of letter dated 27.10.2024 issued by the University along with a certified copy of this
order.
11. With the aforesaid directions, the petition stands finally
disposed of.
Order Date :- 2.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench