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SIDDHARTHA VARMA
Sukhdeo Singh Kanya Laghu Madhyamik Vidyalaya – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Siddhartha Varma, J.
1. When a Government Order was issued on 7.9.2006 to include 200 junior girls high schools in the list of grant-in-aid, the petitioner-institution which was granted permanent recognition on 23.4.1999 considering itself to be an eligible institution, applied for the grant-in-aid. Three committees were formed; one at the District Level; second at the State Level and thereafter at the Directorate Level. On 28.11.2006 the Directorate Level Committee upon getting all the names of the institutions which were desirous of getting grant-in-aid, prepared a list of 204 institutions. When the petitioner-institution was, however, not granted the aid, the then Manager Smt. Nand Kumari Tiwari on 9.12.2006 represented to the Secretary, Basic Education that the petitioner-institution be also included in the list of institutions which were to be granted aid. When no heed was paid to the application of the petitioner-institution, a writ petition being Writ Petition No. 51152 of 2007 (Committee of Management, Sukhdeo Singh Kanya Laghu Madhyamik Vidyalaya & Anr. vs. State of U.P. & Ors.) was filed. This writ petition was disposed of on 28.7.2009 with a direction to the Sec
when the petitioner-institution had been ousted from the list of selected institutions which was issued on 2.12.2006, then subsequently if the petitioner-institution was eligible, it could not be inc....
The court established that an institution's right to grant-in-aid crystallizes under earlier government orders, and arbitrary denial based on newer policies violates constitutional rights.
The importance of following committee recommendations, principles of natural justice, and equal treatment of institutions in grant-in-aid decisions.
The central legal point established in the judgment is the discriminatory refusal of financial approval by the State Government, in violation of Article 14 of the Constitution of India, despite admin....
The court emphasized the importance of compliance with grant-in-aid conditions and the violation of principles of natural justice in administrative decisions.
Ensuring adherence to governmental provisions regarding educational grants is vital for institutional funding.
The court emphasized the importance of due process and directed the Competent Authority to consider the petitioner's representation and make a decision within a specified time frame.
The importance of teacher approval for salary grants and the criteria for granting aid to educational institutions as per the Government Resolutions.
Once the decision has been taken to release the grant-in-aid, it should be released uniformly without putting any riders in the same.
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