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PANKAJ BHATIA
Chandra Shekhar Azad Junior High School Lucknow – Appellant
Versus
State Of U. P. Through Its Secy. Basic Edu. Lucknow – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The present petition has been filed alleging that the State Government had issued a Government order dated 07.09.2006 in which a decision was taken for providing grant-in-aid to one thousand recognized junior high schools subject to certain conditions.
3. In terms of the said Government Order, it is claimed that the petitioners applied for being taken into grant-in-aid. On the said application, initially the objection was raised on 03.11.2006 to the effect that the school in question only has eight classes, the playground is admeasuring 0.3890 hectares and at the time of inspection, children in excess of the sanctioned strength were found in the institution. The petitioner gave the objection in pursuance to the objection raised by the respondents, however, subsequently thereto an order came to be passed on 31.01.2007 rejecting the application of the petitioners mainly on the ground that it has recognition upto primary stage and with regard to the high school it was stated that it has direct recognition. The said objection was, according to the State, in consonance with Condition No.2(
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 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.
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....
Once the decision has been taken to release the grant-in-aid, it should be released uniformly without putting any riders in the same.
The importance of teacher approval for salary grants and the criteria for granting aid to educational institutions as per the Government Resolutions.
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....
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