Dilip Gupta, J. - (1.) THE petitioners have sought the quashing of the order dated 12th August, 2009 passed by the State Government by which the application filed by the petitioner -Institution for bringing it on the grant -in -aid list of the State Government with effect from 1st December, 2006 has been rejected.
(2.) IT is stated by Sri Siddharth Khare, learned Counsel for the petitioners that the only reason assigned for not bringing the petitioner -Institution on the grant -in -aid list of the State Government is because of the condition imposed in paragraph 2(13) of the Government Order dated 7th September, 2006 and for this purposes he has placed reliance upon the averment made in paragraph 16 of the counter affidavit. He has submitted that the condition imposed under paragraph 2(13) of the aforesaid Government Order dated 7th September, 2006 has been set aside by this Court in Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir Uchchattar Madhyamik Vidyalaya, Ghazipur and Ors. v. State of U.P. Ors. : 2007 (1) ADJ 443 and that the Special Appeal filed against the said judgment and order has also been dismissed and that the Supreme Court in Special Leave Petition (C) No. 4630 of 2008 State of U.P. and Ors. v. Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir and Ors. has also upheld the orders of this Court setting aside the said condition. The Supreme Court, in the aforesaid Special Leave Petition (C) No. 4630 of 2008, has observed as follows: These Special Leave Petitions are, accordingly, dismissed. As directed by the learned Single Judge of the High Court by his judgment and order dated 4th January, 2007, and upheld by the Division Bench by its judgment and order dated 15th January, 2008, the petitioners are directed to consider the case of the Respondent institutions, along with other applicants, for being brought within the ambit of the grant - in aid Scheme in pursuance of the Government Order dated 7th September, 2006, and while doing so ignore Condition No. 2(13) of the said Order and Condition No. 12 of the Advertisement dated 9th September, 2006, issued by the Directorate of Basic Education, U.P.
(3.) LEARNED Standing Counsel for the respondents has not disputed this position.;