- (1.) WE have heard Shri Adarsh Bhushan, holding brief of Shri Ashok Khare, learned Counsel appearing for the petitioner -appellant. Learned Standing Counsel appears for the State respondents.
(2.) THE Committee of Management of 'Chandra Sekhar Azad Inter College, Rupaudha, District Mirzapur through its Manager has filed these Special Appeals against the judgment of learned Single Judge dated 04.2.2005 in Writ Petition No. 54390 of 1999, by which he dismissed the writ petition for relief of grant -in -aid to the Junior High School section of the College, and the order dated 8.4.2005 rejecting the review petition. Learned Judge upheld the order of the Secretary, Basic Education, Government of U.P. rejecting the application for extending grant -in -aid to the Junior High School section, on the ground that the school has been upgraded upto the level of High School and thereafter Intermediate class. Learned Judge further held that there was nothing on record to show that the petitioner has ever approached the authorities for being taken in grant -in -aid list in the Intermediate College.
(3.) LEARNED Counsel appearing for the appellant submits that originally the institution was a recognised Junior High School. An order was passed on 12.2.1987 by the State Government giving sanction for the institution to be granted recognition upto the High School level in Arts subject for preparing students to appear in the Board examination 1988, and subsequently by an order dated 8.2.1993 the institution was also recognised for imparting instructions at Intermediate level. The recognition at Intermediate level was, however, granted as 'Vitt Vihin' (without grant -in -aid) under the U.P. Intermediate Education Act, 1921, amended w.e.f. 14.10.1986 by U.P. Act No. 18/1987.;