- (1.) BOTH the above noted writ petitions involved similar controversy and similar set of facts and as such with the consent of the parties, both are being heard together. The Writ Petition No. 31802 of 2010 is taken as a leading writ petition and the facts as mentioned in this writ petition are being noted.
(2.) IN Writ Petition No. 31802 of 2010, the petitioners have challenged the order dated 13.4.2010 (Annexure No.7) passed by respondent no.1 whereby the claim of the petitioners for taking the institution on grant -in -aid was rejected on the ground that the petitioner institution does not fulfil the criteria laid down in the Government Order dated 7.9.2006 and accordingly, the representation of the petitioners was rejected. In Writ Petition No. 19482 of 2010, the petitioners have prayed for a writ order or direction in the nature of certiorari to quash the order dated 31.12.2009 (Annexure No. 6) passed by respondent no.1 rejecting the claim of the petitioner to take it on grant -in -aid list. The reason for rejection was that in the M.R. much higher number of teachers and employees have been shown as working in the institution against the much lower sanctioned strength and their appointments were made without following the statutory provisions and thus the statutory provisions were violated. Briefly stated the facts of the leading Writ Petition No. 31802 of 2010 are that the petitioner institution is a junior high school and was granted the recognition certificate by the Deputy Director, Education, 7th Mandal, Gorakhpur vide letter dated 31.5.1985 subject to the following conditions : JUDGEMENT_334_ADJ10_2013q1.jpg
(3.) GOVERNMENT Order No. 2010/79 -6 -06 -7(2)/2006 dated 7.9.2006 was issued which provides the procedure and condition for bringing an institution on grant -in -aid. The aforesaid government order dated 7.9.2006 is reproduced below : JUDGEMENT_334_ADJ10_2013q2.jpg JUDGEMENT_334_ADJ10_2013q3.jpg JUDGEMENT_334_ADJ10_2013q4.jpg JUDGEMENT_334_ADJ10_2013q5.jpg JUDGEMENT_334_ADJ10_2013q6.jpg JUDGEMENT_334_ADJ10_2013q7.jpg;