JUDGMENT :

1. The petitioners, two educational institutions, which are running primary schools, have approached this Court for a mandamus commanding State respondents i.e. Additional Chief Secretary/Principal Secretary, Department of Social Welfare, U.P., Lucknow to issue order for grant-in-aid as per decision dated 20.9.2019 taken by respondent no.1 and by Minister of the department.

2. The facts of case including previous litigation between parties, in brief, are that petitioner nos.1 and 3, which are educational societies established in the years 1971 and 1981 respectively, claimed that their institutions are entitled to be brought under grant-in-aid list. The institutions run by them were in District Gorakhpur, which was later on bifurcated and now institutions are in newly created District Maharajganj. The said institutions were recognized since the years 1982 and 1986 respectively. Since their representations were not being decided, hence, they filed Writ-C No.62957 of 2017 "Committee of Management Shri Paras Nath Anusuchit Prathmik Pathshala and another vs. State of U.P. and others" at Allahabad. The said writ petition was disposed of by order dated 5.1.2018, requiring respondent-authority to decide representation of petitioners. Since the said direction was not being complied with by respondents and representation of petitioners remained pending, petitioners filed Contempt Application (Civil) No.6170 of 2019 "Committee of Management Shri Paras Nath Anusuchit Prathmik Pathshala and another vs. Sri Manoj Singh, Secretary, Social Welfare Department, Government of U.P." again at Allahabad. The Court issued contempt notices against the respondents. It appears that thereafter respondents proceeded to consider the case of petitioners and administrative approval was also granted by Principal Secretary concerned on 20.9.2019 and it also appears that the same was also approved by the Minister concerned. Thereafter, Principal Secretary on 24.1.2020 passed an order rejecting the claim of petitioners directing the office not to issue a final order on the basis of earlier administrative order. Against the said order dated 24.1.2020, petitioners filed Writ-C No.7120 of 2020 again at Allahabad.

3. The petitioners claim that they were not aware about order dated 20.9.2019 and on gaining knowledge of the said fact, they moved an application for withdrawal of Writ-C No.7120 of 2020 filed at Allahabad. The said petition was dismissed as withdrawn on 14.7.2022. Thereafter, petitioners preferred present writ petition before this Court at Lucknow on becoming aware of order dated 20.9.2019. Present writ petition before this Court was filed on 23.1.2023.

4. In the given circumstances, at the very outset, learned Standing Counsel raises preliminary objections that since petitioners had filed their earlier three petitions at Allahabad and has thus chosen the jurisdiction at Allahabad, it was not open for them to file their 4th petition at Lucknow, therefore, this Court should refuse to exercise its discretionary jurisdiction on the principles of forum non convenience. He further submits that prayers and orders of earlier petition are not before this Court, more particularly whether earlier petition was withdrawn with any liberty or not, and thus, this Court should not entertain the present petition.

5. Replying the same, Sri G.C. Verma, learned counsel for petitioners submits that petitioners are master of their petition. The petitioners' institutions are situated at District Maharajganj, which falls within the jurisdiction of High Court sitting at Allahabad while State Government is at Lucknow, therefore, for a mandamus to the respondent authorities, which are having their office at Lucknow, cause of action has to be treated as arising at both the places and thus, being dominus litis, it is the sole discretion of petitioners where they desire to file their writ petition. In support of his submissions, he has placed reliance upon following cases:

(i)