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2005 Supreme(SC) 204

RUMA PAL, C.K.THAKKER
State Of U. P. – Appellant
Versus
RAM CHARITRA TYAGI – Respondent


ORDER

1. Leave granted.

2. The issue in this appeal is whether the respondent school is entitled to grant-in-aid under the Junior High School Salary Disbursement Act, 1978 (hereinafter referred to as "the Act"). According to the appellants the respondent having been granted recognition as a high school for the d academic year 1994-95, it stood outside the ambit and was not entitled to grant-in-aid under the Act. The problem, however, arose from an order which was passed by the appellants on 12-3-1996. The order states that it was an approval for inclusion of 157 boys and 43 girls private unaided permanent recognised basic schools and that the approval would not be applicable to those schools to whom recognition had been granted up to high school level. In the list annexed to the order, the respondents name was mentioned against Serial No. 73. Based on this list the respondent approached the High Court complaining that it had not been paid the grant-in-aid as approved. Before the High Court no counter-affidavit had been filed. The learned Single Judge proceeded on the basis that the claim of the respondent was uncontroverted that it was entitled to the token grant of Rs 1000 under t




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