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2016 Supreme(All) 2016

MANOJ KUMAR GUPTA
Surya Nath Ambedkar Convent School – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Ashutosh Tiwari.
For the Respondent: C.S.C., Ras Bihari Pradhan.

JUDGMENT

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



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