Sunita Agarwal, J. - (1.) HEARD Sri. Awadh Narain Rai, learned counsel for the petitioner and the learned Standing Counsel for the respondents. Present petition was originally filed with the prayer for mandamus directing the respondents to release grant in favour of the petitioner institution in accordance with law.
(2.) BRIEF facts as mentioned in the writ petition are that petitioner institution Samaj Kalyan Primary Pathshala Saogar, District Deoria was granted aid on 31.3.1990 by the District Basic Education Officer, Deoria subject to certain conditions mentioned therein. The petitioner's case is that institution is a primary institution running since 1984. The management of the institution after completion of necessary formalities applied for permanent grant in aid to the State Government. Enquiry was completed by the District Level Officer and a report was submitted. However, despite several representations made by the petitioner institution no order has been passed for release of grant in aid by the State Government. Grant to primary education to children upto the age of 14 years has been recognised as a Fundamental right under Article 21 -A of the Constitution of India and in the case of "Unni Krishnan" the Apex Court has held that the State Government is under obligation to provide free education i.e. at the expense of the State. During pendency of the present writ petition an amendment application dated 1.11.2011 was filed by the petitioner which was allowed. By the amendment brought in the writ petition, a writ of certiorari has been prayed for quashing of order dated 22.2.2011 passed by the State Government whereby the representation dated 7.9.2010 of the petitioner was rejected.
(3.) IT has been brought on record by way of amendment that during pendency of the present writ petition, that the petitioner institution filed another writ petition, namely writ petition no. 58618 of 2010(Committee of Management Samaj Kalyan Primary Pathshala Mangurahi vs. State of U.P.) which was disposed of by judgment and order dated 23.9.2010 with a direction to the respondent no. 2 to take appropriate decision regarding bringing the petitioner institution under grant in aid taking into consideration the earlier judgment passed by this Court. Pursuant thereto the representation dated 7.9.2010 submitted by the petitioner Manager of the institution, namely Sarvesh Kumar Singh was considered and rejected.;