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2025 DAILYLAW 166896 (ALL)

C/M GURDEV KRISHNA PRATAP MEVALAL LAGHU MADHYAMIK BALIKA VIDYALAYA, THRU.MGR.,MADHAVI SINGH AND ANR v. STATE OF U.P. THRU. ADDL. CHIEF / PRIN. SECY., BASIC EDUCATION, LUCKNOW AND OTHERS

WRIC/9255/2024 · 2025-01-03

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:213 Court No. - 19 Case :- WRIT - C No. - 9255 of 2024 Petitioner :- C/M Gurdev Krishna Pratap Mevalal Laghu Madhyamik Balika Vidyalaya, Thru.Mgr.,Madhavi Singh And Anr Respondent :- State Of U.P. Thru. Addl. Chief / Prin. Secy., Basic Education, Lucknow And Others Counsel for Petitioner :- Prem Shankar,Mahendra Kumar Dwivedi Counsel for Respondent :- C.S.C.,Uday Veer Singh Hon'ble Manish Mathur,J. Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1,2 and 3 and Mr. Sunil Kumar Advocate holding brief on behalf of Mr. Uday Veer Singh learned counsel for opposite party No.4. Petition has been filed seeking 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 list under Payment of Salaries Act, 1978 with effect from 2.12.2006 or 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 23.4.1999, subsequent to the permanent recognition of petitioners' institution on 11.10.1996 contained in annexure no.4 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; Since consideration of petitioner's grievance would entail factual aspects, opposite party No.1 i.e. Additional Chief Secretary/ Principal Secretary, Basic Education, U.P. Civil Secretariat, U.P.,Lucknow is directed to consider petitioner's grievance with regard to grant-in-aid expeditiously within period of three months from the date a certified copy of this order is served before the said authority. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 3.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench