A.K.Yog - (1.) -All the aforesaid writ petitions from Sl. Nos. 1 to 13 are being taken up together and decided by a common judgment, as prayed by the learned counsel for the petitioner as well as the learned standing counsel on behalf of the respondents treating Writ Petition No. 39282 of 1999 as the leading case.
(2.) RECORDS of writ petitions from Sl. Nos. 14 to 20, mentioned above, were summoned from the Registry with the consent of the learned counsel for the parties and decided along with the leading case. The Committee of Management, called Dr. Ambedkar Shiksha Sadan Primary School, Khurana Road, district Baghpat (erstwhile part of district, Meerut) imparts primary education and is duly recognised under Basic Education Act. The Management of the Institution submitted requisite papers along with requisite form/application before the Basic Shiksha Adhikari, Meerut for recommending and forwarding the same to the Deputy Director, Samaj Kalyan Department, Lucknow for obtaining permanent grant for salary of teaching and non-teaching employees of the Institution. Vide order dated May 21, 1999, the Government decided to extend one time financial aid by way of non-recurring grant to certain Institutions including the petitioner's institution with a rider that an undertaking should be given by the Management of such Institutions that by receiving financial aid on the basis of the said order, it shall not be utilised in future for making any claim on its basis/Annexure-2 to the writ petition. It is contended on behalf of the petitioner that such a condition being imposed in the said order dated May 21, 1999, the management was sought to be precluded in future from making any demand for financial aid by way of non-recurring grant or regular grant-in-aid (on the basis of recurring grant). The said contention of the petitioner is clearly misplaced and under mis-apprehension. The condition contained in the said order dated 21.5.1999 merely clarifies that the petitioner shall not claim to have matured or perfected any right or semblance of it for claiming the financial aid in future. Such condition, however, by no stretch of imagination, can be inferred to mean that institution cannot approach State Government for financial aid and/or regular grant-in-aid otherwise.
(3.) LEARNED counsel for the petitioner next submitted that Para 6 of the said order dated 21.5.1999 (Annexure-2 to the writ petition) refers to Government order dated 12.4.1999, a copy of which has been filed as Annexure-3 to the writ petition. LEARNED counsel for the petitioner also placed before the Court a photostat copy of the Government order dated 13.6.1999 (which is not on record) to show that the aforementioned Government order dated 12.4.1999 has been rescinded by the Government. The effect of subsequent order dated 13.6.1999 is only to the extent that Para 6 in the order dated 21.5.1999 (Annexure-2 to the writ petition) shall be deemed to have became redundant.;