JUDGMENT :

Neeraj Tiwari, J.

Heard Sri Uma Nath Pandey and Sri Ashok Tripathi, learned counsel for the petitioner and Dr. D.K. Tiwari, learned Additional Chief Standing Counsel for the State-respondents.

2. Present petition has been filed for quashing the order dated 24.5.2018 passed by the respondent no.1 and further directing the respondent no.1 to take the petitioner Institution in grant-in-aid list in pursuance of the Government Orders dated 7.2.2014 and 11.2.2014.

3. Learned counsel for the petitioner submitted that there is society in the name of Purvanchal Prachya Shiksha Samiti duly registered under the Societies Registration Act, 1860 (hereinafter referred to as Act, 1860). The said society is running an educational institution in the name of Purvanchal Prachya Ved Vidyalay, Bharauli, Lar Road (hereinafter referred to as Institution) established in the year 1991-1992 and having affiliation with Sampuranand Sanskrit University, Varanasi. The aforesaid Institution was granted permanent recognition in the year 1994.

4. He next submitted that Government Orders dated 7.2.2014 & 11.2.2014 have been issued inviting application from Sanskrit Institution having recognition upto December, 2000 for taking the Institution in grant-in-aid list. For the said purpose, two committees were constituted to make recommendation one is Regional Level Committee and another is State Level Committee. Accordingly, petitioner has submitted an application on 10.6.2014 for taking his Institution in grant-in-aid list as per aforesaid Government Orders. The Regional Level Committee recommended the name of petitioner's Institution at serial no. 7 to State Level Committee on 25.11.2014 for being brought the Institution in grant-in-aid list. The State Level Committee consider the application of petitioner and found certain deficiencies for which through D.I.O.S., letter dated 9.2.2015 was issued to petitioner to remove deficiency. Deficiency mentioned against the petitioner's Institution is that endowment fund was not arranged. For removal of that, petitioner was granted three days time and accordingly petitioner has submitted reply on 24.2.2015 removing the deficiency so pointed out. After receiving the reply, State Level Committee made its recommendation. Recommendation was made into two parts, in the first part 84 institutions were recommended and in the second part, 71 institutions were recommended wherein the name of petitioner's Institution has been mentioned at serial no.23, but even after that, no decision was taken on the application of the petitioner. Therefore, petitioner filed Writ-C No. 20817 of 2016 before this Court, which was disposed of vide order dated 6.5.2016 with direction to respondents to take appropriate decision within three months. Even after order of the Court, no decision was taken and petitioner has no option, but to file contempt petition. Upon which, to show compliance of the order passed by the writ Court, order dated 5.8.2016 has been passed by Joint Director of Education, Gorakhpur Region, Gorakhpur on the ground that as per report dated 9.6.2016, State Level Committee has not recommended the petitioner's Institution to bring on grant-in-aid list. Thereafter, petitioner has again challenged the order dated 9.6.2016 by filing Writ-C No. 9603 of 2017 (C/M Purvanchal Prachaya Ved Vidyalaya Thru' Its Manager Vs. State of U.P. & 4 others). After hearing the writ petition, Court has directed for personal appearance of Director of Education (Secondary) alongwith supplementary counter affidavit on the next date fixed. On the date fixed, in the presence of Director of Education (Secondary), supplementary counter affidavit was perused by the Court and Court is of the view that contention raised in the impugned order dated 9.6.2016 is not correct. There is nothing like not recommending the petitioner's Institution by the State Level Committee rather recommended the Institution.

5. This Court has set aside the order dated 5.8.2016 and