- (1.) Testing correctness of the order passed by learned single Bench dated 7th November, 2019 in Writ-A No.35379 of 2019, instant appeal has been preferred.
(2.) Brief facts leading to filing of this appeal are that the appellant-petitioner, a society registered under Societies Registration Act, 1860 mainly involved in imparting education to the children coming from scheduled castes submitted an application to have grant-in-aid. Acting upon the application, the Director, Department of Social Welfare by a letter dated 29th May, 2014 directed the District Social Welfare Officer to enlist the appellant-petitioner for grant-in-aid as an institution of scheduled castes. After necessary inquiry, a detailed report was also said to be given in this regard by the District Minority Officer, Azamgarh on 16th April, 2015. Being failed to have any response the appellant-petitioner preferred a petition for writ before this Court that came to be disposed of on 27th October, 2016 with a direction to the authority competent to decide the issue relating to grant-in-aid expeditiously. Despite the order aforesaid, no decision was taken by the competent authority. Hence, the appellant-petitioner preferred an application to initiate proceedings under Contempt of Courts Act, 1971 against the competent authority. The contempt petition aforesaid came to be disposed of on 25th October, 2017 with a fresh direction to decide claim of the appellant-petitioner within a period of six months.
(3.) As per the averments contained in the petition for writ, no decision at all was communicated to the appellant-petitioner, which is said to be taken in compliance of the directions given on 25th October, 2017. An application thus was filed under Right to Information Act, 2005 and in pursuance thereto on 12th October, 2018 the appellant-petitioner received copy of a communication dated 13th December, 2017 declining the claim for grant-in-aid. Being aggrieved by the order dated 13th December, 2017 that was received by the appellant on 12th October, 2018, a petition for writ was filed on 12th April, 2019.;