Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 46717 (ALL)

SACHCHIDANAND VARMA AND 3 OTHERS v. STATE OF U.P. AND 5 OTHERS

SPLA/343/2025 · 2025-04-27

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:64914-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 343 of 2025 Appellant :- Sachchidanand Varma And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C.,Santosh Kumar Yadav Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal arises out of an order passed by learned Single Judge declining to interfere in the writ petition filed by the appellants-writ petitioners, wherein, prayer was made for inclusion of institution in the list of aided schools. 2. Learned Single Judge has noticed the facts of the case as per which the State had undertaken an exercise to extend aid to various schools in the year 2006. The institution wherein the appellants are working was also an applicant. The institution was not included in the list of aided institutions apparently for the reason that certain teachers who were not approved were also included in the list of teachers for whom aid was sought. Though a subsequent exercise was undertaken by the State to invite applications in respect of such institutions but this exercise ultimately was given up some time in 2009. The Committee of Management was apparently the aggrieved person which filed a writ petition in the year 2006 but the same was withdrawn in the year 2007. It is much later that the claim is sought to be revived by the appellants by filing the writ petition in the year 2017. It is in this context that learned Single Judge has refused to interfere in the matter and dismissed the writ petition. 3. Learned Senior Counsel for the appellants argued that the writ petition was withdrawn by the Managing Committee in the year 2007 after the State had invited clarifications in the matter of taking of the institutions on aid and since the issue was pending as such it cannot be said that either the Committee of Management had given up its case or that there was any delay in approaching the Court. 4. Learned counsel for the Managing Committee has supported the claim of the appellants. The State Counsel, however, submits that in matters involving financial implication the Court should be reluctant to interfere as almost two decades have passed since the exercise was taken to include the schools in the list of aided institutions. 5. We have heard the learned counsel for the parties and have perused the materials on record. We find that though in the year 2006 when the exercise was taken by the State to extend the benefits of aid on various institutions, the institution of the appellants was also an applicant but its claim was not considered apparently for the reason that two teachers were included in the list for whom aid was sought from the State notwithstanding the fact that their appointment was not approved. The action of the State in not including the institution in the year 2006 for extending the benefit of aid, therefore, was a decision taken for valid reasons. Merely because subsequently the Committee of Management made fresh applications by withdrawing the names of two teachers would not be material, particularly, when the subsequent exercise was shelved in the year 2009. The writ petition has been filed by the appellants claiming the benefit of aid in the year 2017. Learned Single Judge has refused to interfere in the matter taking above factors into consideration. We are of the view that almost after 20 years of the exercise undertaken for the purpose we would not be justified in entertaining the claim of the appellants. The matters involving financial implications, particularly, when the huge liability may accrue this Court would be reluctant to interfere unless the action of the State is found to be arbitrary. No such exigency exists here. No arbitrariness is shown in the State action. Such belated interference otherwise leads to cascading effects and ought to be avoided when the State action is otherwise not found arbitrary. 6. In that view of the matter, we are not persuaded to interfere in the present appeal. 7. The appeal accordingly fails and is dismissed. Order Date :- 28.4.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad