- (1.) The petitioner has preferred this writ petition for issuance of writ of certiorari to quash the order dated 2.1.2008 whereby the petitioner's prayer to include the attached Primary Section of the petitioner's institution in the grant-in-aid list has been rejected. The foundational facts of the case are that Bishambher Nath Janta Inter College, district Maharajganj is a recognized Intermediate College having attached Primary Section which is also entitled to financial aid out of the State Fund. The petitioner made a representation for the said purpose to the authority concerned but his representation failed to elicit any response from the authority concerned. The petitioner preferred a Writ Petition No. 39390 of 1998 before this Court. The said writ petition was disposed of on 20th September, 2004 whereby a direction was issued upon the Principal Secretary Education, U.P. Government, Lucknow to pass appropriate and reasoned order within six weeks.
(2.) Pursuant thereto the Secretary had passed an order on 29.3.2005 and rejected the claim of the petitioner on the ground that the petitioner institution does not fulfill the criteria mentioned in the Government Order dated 21.6.1973. Broadly the Secretary has rejected the petitioner's representation on three grounds namely the institution does not have proper infrastructure; since the institution was granted recognition in the year 1973 of the High School therefore the claim of the petitioner that the Primary Section was established before 21.6.1973 cannot be accepted; the institution has failed to produce the documents in respect of reimbursement grant. The said order dated 29.3.2005 has been brought on record as Annexure-14 to the writ petition.
(3.) Feeling aggrieved by the said order the petitioner preferred a Writ Petition No. 42957 of 2005. The Court was satisfied that the petitioner's claim was rejected by the respondent on unsustainable ground thus, the order dated 29.3.2005 was set aside and the matter was remitted to the Secretary Basic Shiksha, U.P. Government Shiksha Anubhagh-6 Secretariat, Lucknow to pass a fresh reasoned speaking order. A copy of the said order has been brought on record as Annexure-15 to the writ petition.;