COMMITTEE OF MANAGEMENT Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) WRIT petition has been restored to its original number and as requested and agreed by learned counsel for the parties, I proceed to decide it on merits itself at this stage.

(2.) HEARD Sri Shashi Nandan, Senior Advocate, assisted by Sri. Awadh Narain Rai, Advocate for the petitioner and Mr. Shailendra Srivastava, Advocate for respondents.

(3.) THE school was initially recognized as Junior High School by Board of Basic Education (hereinafter referred to as "the Board") under the provisions of U.P. Basic Education Act, 1972 (hereinafter referred to as "Act 1972") and the Rules framed thereunder. The school was not receiving grantinaid but after issuance of Government Order dated 20.01.1986, the committee of management of school submitted an application before A.D. (Basic) for bringing the school in grantinaid list. While the said application was pending, the State Government issued a telegram dated 04.10.1988 restraining Basic Education Authorities from considering application to bring any Basic School in grantinaid. The said telegram came to be challenged by committee of management of the school in writ petition No. 13716 of 1991, which was was disposed of vide judgment dated 22.08.1991 directing A.D. (Basic) to consider and pass appropriate order on the application for bringing school in grantinaid list. Operative part of the judgment dated 22.08.1991 reads as under: