HARIJAN PARIMARY PATHSHALA Vs. STATE OF U.P.

JUDGEMENT

(1.) The writ petition has been filed questioning the order dtd. 17/12/2020 (Annexure-26) to the writ petition passed by the Principal Secretary, Social Welfare Department, Government of U.P., whereby refusing to accord financial approval for the petitioners' school to be included in the recurrent grant-in-aid list in the absence of any policy/arrangement existing for taking new schools run by the private management in the recurrent grant list. However, the petitioners have been given liberty to apply as per prescribed procedure under scheme floated by the Ministry of Social Justice and Empowerment, Government of India under which grants are being made to residential/non-residential schools through voluntary organizations.

(2.) Shri Adarsh Bhushan, leaned counsel for the petitioner contends that the petitioner Committee of Management is running an Institution providing primary education from 1st to 5th classes. The permanent recognition to the petitioners' Institution was granted on 5/2/1990. The Institution is governed by Department of Social Welfare, Government of U.P. The Social Welfare Department has issued a Government Order dtd. 31/3/1994 regarding grant and release of grant-in-aid to basic institutions governed by the Social Welfare Department. The petitioner had earlier approached this Court by means of Writ Petition (C) No. 50838 of 2010. The said writ petition was disposed of by directing the authority concerned to take an appropriate decision regarding bringing the petitioners' Institution under the grant-in-aid. The claim came to be rejected by the State Government vide order dtd. 22/2/2011 on the ground that the scheme of the State itself had been discontinued w.e.f. 5/10/2006. The rejection order dtd. 22/12/2011 was challenged by means of Writ Petition (C) No. 31825 of 2015. This Court vide order dtd. 3/10/2016 allowed the writ petition, set aside the order rejecting the claim dtd. 22/12/2011 and directed the State Government to examine the petitioners' claim for being taken on the list of aid keeping in view the observations made by the Apex Court in State of U.P. and others versus Pawan Kumar Dwivedi and others reported in 2014 (9) SCC 692 as well as the Division Bench decision of this Court in Paripurna Nand Tripathi and another versus State of U.P. and 20 others, Special Appeal Defective No. 994 of 2014.

(3.) The State Government in compliance of the order of this Court dtd. 3/10/2016 passed an order dtd. 18/5/2017 taking the petitioners' Institution in grant-in-aid. However, in spite of the order dtd. 18/5/2017 passed in favour of the petitioners the grants were not released in favour of the petitioners in spite of the fact that the petitioners complied with all the formalities required from it. The petitioners were compelled to approach this Court yet again by means of Writ Petition (A) No. 14997 of 2019 which too was disposed of vide order dtd. 21/10/2019 requiring the authority concerned to pass final order for payment of salary of teachers taking into consideration the letters dtd. 3/5/2019 and 10/5/2019. It was further directed that in case there is any legal impediment, the authority concerned shall pass a reasoned order.