KASHI NATH PANDEY,J. - (1.) THE petitioners-appellants' are Committees of Management of primary schools in Districts Maharajganj and Kushinagar. In these intra-court appeals they are aggrieved by the judgement of learned Single Judge dated 13.12.2007 in Writ Petition No. 62181 of 2005 filed by Committee of Management Adarsh Shishu Sadan Basahiya Khurd Paratawal, District Maharajganj; and Writ Petition No. 61435 of 2006 filed by Committees of Managements of six primary schools, by which he has dismissed the writ petitions, for directions to the State-respondents to provide recurring grant-in-aid to the primary schools run by them, owned and controlled by private societies, recognised by the Social Welfare Department of the State Government.
(2.) WE have heard Shri Awadh Narain Rai and Shri Siddharth Khare, for the petitioner-appellants. Learned Standing Counsel appears for the State respondents. The petitioners are the management bodies of the primary schools recognised by the Basic Education Officers of their respective districts, and also by the Social Welfare Department of Government of Uttar Pradesh. All these school, running primary classes claim that up to half of the number of their students belong to Scheduled Castes. It is alleged that they have been arbitrarily denied recurring-grant under the Circular Letter issued by the Special Secretary, Department of Social Welfare, Government of UP dated 31.3.1994, and thereafter under another Circular Letter dated 20.4.1998 issued by the Special Secretary, Department of Social Welfare, Government of U.P.
(3.) BY a Government Order dated 21.5.1999, a one time grant was provided to be given by the State Government to only those schools, which were ten years old as on 31.3.1998, with 50% students from Scheduled Caste/Scheduled Tribe categories subject to certain conditions. Condition No. 2 (4) provided for giving an undertaking and affidavit that grant will be accepted with no further claims in future.;