STATE OF U P THROU PRIN SECY HIGHER EDUCATION LKO AND ORS Vs. C/M KALAWATI DEVI SMARAK MAHAVIDYALAYA U P BADNAPUR BAHRAICH

JUDGEMENT

(1.) Heard, Sri Anand Singh, learned Standing Counsel for the appellant and Sri Amrendra Nath Tripathi, learned counsel for the respondent.

(2.) The instant special appeal has been filed under Chapter VIII Rule 5 of the Allahabad High court Rules, 1952 against the judgment and order dated 07.08.2018 passed in Writ Petition No. 12742 (M/S) of 2018 (Committee of Management, Kalawati Devi Smarak Mahavidyalaya, Uttam Nagar, Badnapur (Tejwapur), District Bahraich versus State of U.P. & others).

(3.) The brief facts, for adjudication of the present case, are that the State Government had issued a Government Order dated 04.09.2008 superceding the earlier Government Orders framing a policy for disbursement of grant to private Committees of Management/Institutions for establishment of self finance Degree Colleges in unserved ([1]) areas. The Government Order provides the eligibility conditions and other modalities for disbursement of grant under the said scheme. The respondent/Committee of Management had applied for the grant under the said Government Order for running science faculty. The respondent was found eligible and, accordingly, a total amount of Rs. 40 lakhs was sanctioned as per the scheme. The grant was to be sanctioned and disbursed in three installments. The first and second installment of Rs.10 lakhs each were sanctioned in the year 2015-2016 and 2016-2017 in accordance with the scheme. After completion of the work upto the stage of second installment, the respondent submitted an application for the third installment on 10.08.2016. In pursuance thereof, after necessary correspondence and formalities a recommendation was made by means of the letter dated 16.10.2016 by the Regional Higher Education Officer, Lucknow for sanction of the third installment of Rs. 20 lakhs. In pursuance thereof, the State Government sanctioned the third installment by means of the order dated 24.01.2018.