The denial of grant-in-aid benefits to the institution violated principles of natural justice and the stipulations in the relevant Government Order.

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 and 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 the petitioner and explanation to the same was submitted on 10.11.2006.

6. On 01.12.2006, the District Inspector of Schools (DIOS) submitted a report supporting the institution to be enlisted into grant - in - aid list. Subsequently, vide order dated 02.12.2006 Government itself took a decision to enlist the institution into grant - in - aid list on the basis of permanent recognition granted and District Level Committee as well as Regional Level Committee submitted its report in the matter but no heed was paid by the respondents.

7. Thereafter, the petitioner filed Writ Petition No.6234 (M/S) of 2007, which was finally disposed of with a direction to the respondents to take final decision within a period of one month from the date of order of this Court.

8. Against non - compliance of the aforesaid judgment and order, the petitioner filed a contempt petition. Thereafter, vide order dated 04.01.2007, the Assistant Director, Basic Education Department rejected claim of the petitioner. The petitioner submitted a representation in regard to its claim on 18.01.2007 and 20.01.2007 and in pursuance thereof, a Regional Level Committee was constituted on 17.05.2007. In pursuance thereof, the claim of the petitioner has been rejected vide impugned order dated 16.06.2008. Hence, the present writ petition has been instituted before this Court.

9. Submission of learned counsel for the petitioner is that the petitioner is running the institute in the name of Raj Dutta Shukla Purva Madhyamik Vidyalaya, which was granted temporary recognition on 21.04.1982 and a permanent recognition on 23.03.1985. It is submitted that although the institution of the petitioner was recognized, the same was not having the fruits of grant - in - aid. The State Government with a view to bring certain institutions under grant - in - aid issued a Government Order on 07.09.2006, wherein a decision was taken for bringing certain institutions under grant - inaid, who were fulfilling the criteria as specified from serial No.1 to Serial No.8 in the said Government Order. The said Government Order also provided timeline for the institutions to file their applications, which were to be disposed of according to the time schedule as specified. Clause - 3 of the said Government Order also created the committees at the directorate level as well as at the regional level comprising of a person as specified, who were to verify and to recommend the applications for bringing the institutions