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2024 Supreme(UK) 671
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT, J.
Committee of Management Saraswati Vidya Mandir – Appellant
Versus
State of Uttarakhand and Others – Respondents
Writ Petition Misc. Single No. 2578 of 2024
Decided On : 27-09-2024
For the Appellant : Anil Anthwal
For the Respondents: Anil Dabral, Rajesh Pandey
Timely action by educational authorities is essential in deciding applications for grant-in-aid status, reflecting judicial expectations of administrative efficiency.
Headnote:(A) Education Code, Uttarakhand - Grant-in-aid status for primary schools - The petitioner's application for grant-in-aid status for the Saraswati Vidya Mandir School was left undecided despite recommendations from educational authorities. The petitioner sought direction for timely resolution of this application. (Paras 3-5)
(B) Judicial Directions - The court allowed the petitioner to submit a fresh representation to the appropriate authority, mandating a decision within three months of receipt. (Paras 7-8)
Facts of the case:
The petitioner, a Committee of Management of a recognized non-aided primary school, applied for grant-in-aid status which remained undecided despite communications from relevant educational authorities.
Findings of Court:
The court directed the Additional Secretary, Elementary Education, to decide on the representation within three months after submission.
Issues: The main issue was the delay in deciding the grant-in-aid application for the petitioner's school.
Ratio Decidendi: The court emphasized the need for timely responses from authorities regarding pending applications to uphold justice.
Result: Writ petition disposed of with directions.
| Table of Content |
|---|
| 1. introduction of case and parties involved. (Para 1) |
| 2. petitioner's school status and pending application for grant-in-aid. (Para 2 , 3 , 4 , 5) |
| 3. request for fresh representation and timely decision. (Para 6 , 7) |
| 4. court's directive on representation and timelines. (Para 8) |
JUDGMENT :
PANKAJ PUROHIT, J.
1. Heard learned counsel for the parties.
2. Petitioner is a Committee of Management of a School named as Saraswati Vidya Mandir Kanakpal, Janta Higher Secondary School, Queedang, District Tehri Garhwal.
3. The school run by the petitioner-Committee of Management, is a recognized non-aided School at primary level (Class I-V). The petitioner applied for bringing the said institution on grant-in-aid by making an application to the respondent No.3- Director, Elementary Education, Department of Education, Uttarakhand. Respondent No.3-Director, Elementary Education sought information from the respondent No.4-Chief Education Officer, Tehri Garhwal regarding the primary schools, which were unaided in District Tehri Garhwal.
4. The respondent No.4-Chief Education Officer, District Tehri Garhwal vide its letter dated 30.03.2016 provided such information to the respondent No.3-Director, Elementary Education, which includes the name of the petitioner’s school also.
5. The said information was sent to the respondent No.2-Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand vide its letter dated 23.11.2016. But, till date, the matter regarding the petitioner’s school to bring it in grant-in-aid is left undecided.
6. Learned counsel for the petitioner submits that although the representation was sent by the petitioner to the respondent No.3-Director Elementary Education to decide the matter of the petitioner regarding the grant-in-aid status to the primary school. No action so far has been taken by the respondents.
7. Learned counsel for the petitioner further made a submission that if this Court allows the petitioner to move a fresh representation to the Competent Authority i.e. respondent No.2-Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand, and direct the respondent No.2 to decide the fresh representation so made by the petitioner, within a stipulated period, the ends of justice would met.
8. Accordingly, the writ petition is finally disposed of and it is provided that the petitioner shall make a fresh representation to the respondent No.2- Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand, Dehradun, detailing its grievances and referring all the communication in respect thereof to the respondents, within one week from today. If such representation is made by petitioner, respondent No.2-Additional Secretary, Elementary Education (Section-1), Government of Uttarakhand, shall decide the said representation within a period of 03 months from the date of receipt of said representation.
