Rajiv Sharma, J. - (1.) Heard learned Counsel for the Petitioners and learned Standing Counsel.
(2.) By means of the instant writ petition, the Petitioner prays for a writ in the nature of Mandamus commanding the opposite parties to consider the case of the Petitioner for grant -in -aid to the Petitioner's institution upto Junior High School in the light of the judgment and order passed by the Single Judge in Civil Misc. Writ Petition No. 61343 of 2006. Further it has been prayed that the benefit of the order dated 4.1.2007 passed by the Single Judge in Civil Misc. Writ Petition No. 61343 of 2006 affirmed by the Division Bench in Special Appeal No. 162 of 2007 and also affirmed by the Apex Court ivied judgment dated 2.12.2009.
(3.) Learned Counsel for the Petitioner submits that Government Order dated 7.9.2006 was challenged in writ petition No. 61343 of 2006: Committee of Management Mata Tapeshwari Saraswati Vidya Mandir v/s. State of U.P. and Ors. and this Court at Allahabad was pleased to quash the condition No. 2 (13) of the Government Order dated 7.9.2006. The relevant part of the order dated 4.1.2007 reads as under: Accordingly, this writ petition is allowed and condition No. 2 (13) of the Government Order dated 7.9.2006 issued by the State Government as well as condition No. 12 of the advertisement dated 9.9.2006 issued by the Directorate of Basic Education, U.P. are quashed. The Respondent authorities are directed to consider the Petitioners institution (along with the other applicants) for their Junior High School Sec. being brought on grant -in -aid in pursuance of the Government Order dated 7.9.2006, ignoring the aforesaid conditions of the Government Order and the advertisement.;