Neutral Citation No. - 2025:AHC:50191 Court No. - 6 Case :- WRIT - A No. - 4565 of 2018 Petitioner :- Committee Of Management Baba Param Hans Vidya Mandir. Respondent :- State of U.P. Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Sankalp Narain,Vijay Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.,Mrigraj Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Vijay Kumar Singh, learned counsel for petitioner and learned Standing Counsel for State. 2. Petitioner (Committee of Management) was one of parties in earlier round of litigation i.e. Writ A No. 45689/2006 being petitioner-38. Said writ petition was disposed of vide order dated 12.10.2015 to consider their respective case for purpose of brought respective school into grant-in-aid. 3. Learned Senior Advocate submits that by a common order dated 18.10.2017, claim of all writ petitioners including petitioner was rejected citing certain reasons. 4. Learned Senior Advocate further submits that one of writ petitions i.e. C/M Saroj Vidya Shanker Saraswati Vidya Mandir has approached this Court by way of filing Writ A No. 58956/2017 wherein aforesaid order was challenged. Said writ petition was allowed vide order dated 10.12.2024 and its relevant paragraph is quoted below :- "22. Now once, the specific averments made by the petitioner in paragraph no.11 to 14, extracted above, with regard to violation of Article 14 of the Constitution of India have not been denied by respondents, therefore, the petitioner's claim cannot be rejected on the ground that after the promulgation of Government Order dated 05.06.2006, the policy to take Scheduled Caste Primary Schools in grant-in-aid had been stopped more so when, the rights of the petitioner for taking the institution in grant- in-aid had been recognised by this Court vide judgement and order dated 03.03.2004 deciding the Writ Petition No.16529 of 2003, and further the two institutions namely, Shivaji Social Welfare Children School, Deoria and Uma Maheshwar Prathmik Pathsala, Gorakhpur have been taken on grant-in-aid. 23. It is also pertinent to note that the respondents cannot deny claim of the petitioner on the ground that orders by which the two institutions namely Shivaji Social Welfare Children School, Deoria and Uma Maheshwar Prathmik Pathsala, Gorakhpur have been taken in grant-in-aid clearly recites that these orders shall not be treated as precedent inasmuch as under the pretext of this recitation, they cannot override the protection granted to the petitioner's institution by Article 14 of the Constitution of India. 24. Thus, for the reasons given above, this Court is of the view that the impugned order is not sustainable in law and is hereby set aside. Considering the fact that the petitioners are contesting their claim since 2003 and the impugned order does not recite that the petitioner's institution is not eligible for being taken in grant-in-aid and its claim has been rejected on the ground that after the promulgation of the Government Order dated 05.10.2006, no Scheduled Caste Primary Schools have been taken in grant-in-aid. Therefore, this Court in such circumstances, does not find it appropriate to remit the matter to the authorities again since for the last 20 years, the petitioners are contesting their claim. Accordingly, a direction is issued to the respondent no.1-Principal Secretary, Samaj Kalyan Anubhag-2, Government of U.P., Lucknow to take petitioner's institution on grant-in-aid from the date of other similarly situated institutions namely Shivaji Social Welfare Children School, Deoria and Uma Maheshwar Prathmik Pathsala, Gorakhpur have been taken on grant-in-aid." 5. Learned Senior Advocate further submits that case of petitioner is similar and this writ petition may be disposed of accordingly. 6. Learned counsel for respondents refers contents of counter affidavit, however, above referred averments have not been denied specifically. 7. In aforesaid circumstances, since coordinate Bench has taken in view in C/M Saroj Vidya Shanker Saraswati Vidya Mandir (supra) that since principles of natural justice were violated, therefore, impugned order was set aside and a direction was passed to list said school under grant-in-aid from the date of similarly situated institutions namely Shivaji Social Welfare Children School, Deoria and Uma Maheshwar Prathmik Pathsala, Gorakhpur was brought under grant-in-aid. 8. In view of above, impugned order dated 18.10.2017 so far as petitioner is concerned, is set aside and matter is remitted back to concerned respondents to consider claim of petitioner after taking note of above referred paragraphs of judgment within a short period. 9. This writ petition is disposed of with above observations. Order Date :- 8.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad