COMMITTEE OF MANAGEMENT, SHIVDEI BALIKA JUNIOR HIGH SCHOOL, BISALPUR, PILIBHIT, AND ANR Vs. STATE OF U P AND ORS

JUDGEMENT

(1.) The Committee of Managements of Junior High Schools have filed these petitions for quashing the orders passed by the State Government by which the applications filed for bringing the Schools on the grant-in-aid list of the State Government have been rejected.

(2.) Such applications were filed by the Junior High Schools in response to the advertisement issued for implementing the Government Order dated 7th September, 2006. This Government Order was issued by the State Government for bringing one thousand privately managed Junior High Schools having permanent recognition on the grand-in-aid list of the State Government subject to certain conditions, one of which contained in paragraph 2(13) was that only Schools imparting education from classes 6 to 8 would be eligible to apply. This meant that Schools which were imparting education to classes lower than class 6 or classes higher than class 8 would not be entitled to apply. In accordance with the Government Order, an advertisement was issued by the Directorate of Basic Education on 9.9.2006, inviting applications from eligible Schools on or before 1st October, 2006 in which condition No.12 similar to condition No.2(13) of the Government Order was also imposed. A circular letter dated 14th September, 2006 was also issued by the Director of Education (Basic) specifying the modalities to be followed in processing the applications filed by the Junior High Schools.

(3.) Earlier, when the applications filed by the Schools were rejected, writ petitions were filed which were allowed by the judgment and order dated 4th January, 2007 and condition No.2(13) of the Government Order dated 7th September, 2006 issued by the State Government as well as condition No.12 of the advertisement were quashed and a direction was issued to the respondents to consider the applications of the Schools ignoring the aforesaid conditions. Special Appeal filed by the State Government against the said judgment was dismissed and the Supreme Court also dismissed the Special Leave Petitions by the judgment and order dated 2nd December, 2009 which is State of Uttar Pradesh & Ors., Vs. Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir & Ors., 2010 1 SCC 639.