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IRSHAD ALI
Committee of Management Raj Dutta Shukla Purva Madhyamik – Appellant
Versus
State of U. P. Through Secretary Basic Education Department – Respondent
JUDGMENT :
1. Heard Sri G.C. Verma, learned counsel for the petitioner and Sri Pankaj Kumar Shukla, learned Additional Chief Standing Counsel (A.C.S.C.) for respondent - State.
2. This writ petition has been filed seeking a direction in the nature of certiorari quashing the impugned order dated 16.06.2008 issued by respondent No.1, whereby the representation filed by the petitioner - Committee of Management has been rejected.
3. Brief fact of the case is that the institution in question, namely, Raj Dutta Shukla Purva Madhyamik Vidyalaya Sarauli, Amaniganj, Faizabad was granted recognition in the year 1982 and posts of teaching and non-teaching staff were sanctioned by the competent authority and were filled up in accordance with law and in pursuance thereof, appointment letters to the respective appointments were issued on 10.08.1984.
4. The petitioner raised an objection against the inspection report by which the institution was not found suitable for taking into grant-in-aid list by submitting khatauni of khasra Nos.1408, 1413 & 1414.
5. On 07.09.2006, a Government Order has been issued, which substantiates the case of the petitioner. On 03.11.2006, another objection was raised by th
The importance of following committee recommendations, principles of natural justice, and equal treatment of institutions in grant-in-aid decisions.
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.
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 emphasized the importance of compliance with grant-in-aid conditions and the violation of principles of natural justice in administrative decisions.
The impugned order was contrary to the court's earlier directions, and the authorities were obligated to consider the compliance furnished by the petitioner institution and pass necessary orders in a....
Ensuring adherence to governmental provisions regarding educational grants is vital for institutional funding.
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....
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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