Shishir Kumar, J. - (1.) Heard learned Counsel for petitioners and learned Standing Counsel. Present writ petition has been filed for quashing the order dated 7th September, 2010 by which petitioners' application for bringing institution in question under grant -in -aid has been rejected.
(2.) Brief facts arising out of writ petition are that petitioner is a registered Society under the provision of Society Registration Act. An educational institution has been started by the Society in the name of Smt. Malti Pandey Balika Vidyalaya Mahuli Madari Patti Post Kasma Tehsil Kasma, District Kushi Nagar. Initially aforesaid institution was up to High School and subsequently it has been upgraded up to Intermediate level. Permanent recognition was granted by competent authority by its order dated 30.3.1985. State Government has issued a Government Order on 7.9.2006 for bringing various institution situated in the State of U.P. under grant -in -aid. An advertisement was published in the newspaper on 9.9.2006. A Condition No. 12 was mentioned in the said order that only those institutions who are imparting education from Class VI to Class VIII will only be considered for the purposes of grant -in -aid list. A writ petition was filed before this Court, same was allowed and Special Appeal filed by the State was dismissed then matter went to the Apex Court and Special Leave Petition by a detailed order was dismissed vide its order dated 2nd December, 2009. In paragraph 23 of the Judgment of the Apex Court, the Apex Court has observed as follows: 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 respondents 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.) In pursuance of dismissal of the SLP, petitioners made an application before the competent authority for bringing such institutions as petitioners have fulfilled complete requirements which is necessary for the purposes of bringing such institution under grant -in -aid in view of Government Order dated 7th September, 2006. The Apex Court has held that Condition No. 12 of the advertisement dated 9th September , 2006 will not be taken into consideration. Now the order impugned has been passed dated 7th September , 2010 dismissing claim of petitioners on irrelevant ground that sanction of post is dated 12.8.1980 but teachers were appointed prior to that date and approval to the appointment has subsequently been given by competent authority.;