Interest of justice served by permitting the petitioner to approach the third respondent for a decision on grant-in-aid eligibility.

Manoj Kumar Gupta, J.

Heard counsel for the petitioner and learned standing counsel for respondent Nos. 1 to 3. Sri R.B. Pradhan has accepted notice on behalf of respondent No. 4.

2. The petitioner is the Committee of Management of Dr. Surya Nath Ambedkar Convent School, Sultanpur Mardah, Ghazipur. It is imparting primary education. It claims that in the Institution, the majority of students are from scheduled caste and thus, the Institution is entitled to grant-in-aid, as per the State policy. It seems that the State Government by order dated 1 October 2012 directed the District Magistrate to constitute a Committee to be presided over by the Chief Development Officer/Additional District Magistrate for conducting a survey of such Institutions in which scheduled caste students are in majority. The grievance of the petitioner is that in case of the petitioner Institution, such survey has not been conducted despite several representations and consequently, it had also not been taken on the grant-in-aid list.

3. Learned counsel for the petitioner submitted that the District Magistrate, who was directed by the Government to constitute a Committee by Government Order dated 1 October 2012 is competent to examine the grievance of the petitioner and be directed to take a decision in this regard, to which learned standing counsel has no objection. However, learned standing counsel pointed out that the District Magistrate would in that case also examine whether the policy of the State Government for giving grant-in-aid to the Institutions in which majority of the students are from scheduled caste is still in vogue or not.

4. After hearing counsel for the parties, this Court is of the opinion that interest of justice would be served in permitting the petitioner to approach the third respondent with a certified copy of this order and a fresh representation. In that event, the third respondent shall decide the representation in accordance with law, expeditiously and preferably within a period of next two months.

The writ petition stands disposed of as above.