- (1.) Heard Shri Sudarshan Singh, learned counsel for the petitioners, Shri H.C. Pathak, learned Standing Counsel appearing for the State-Respondent and Shri Nagendra Pratap Singh, learned counsel for the respondent no.5.
(2.) Learned counsel for the petitioners submits that respondent's institution also runs a primary school, which is in the same campus in which intermediate college is running and the said primary school was attached by the order of competent authority dated 25.5.1972. It is submitted that the institution received the compensation grant on zamindari abolition as is evident from the cash-book of the institution, which is undisputed. The name of the institution appears in the ceiling list of left out institutions at Serial No.18. He, therefore, submits that the primary section is entitled for grant-in-aid in view of the law settled by this Court by judgement dated 6.2.2015 in Writ (A) No.6660 of 2015 (Kedar Nath Chaudhary and 2 others Vs. State of U.P. and 3 others) and judgement dated 21.11.2014 in Writ (A) No.52592 of 2003 (Krishna Mohan Pandey and others Vs. State of U.P. through the Secretary Basic Education U.P. Government & others). He, therefore, submits that impugned order dated 17.6.2013 passed by Director of Education (Secondary), Shiksha Nideshalaya, U.P. at Allahabad rejecting claim of grant-in-aid to the primary section of the institution in question is fully illegal, and therefore, deserves to be set aside and the matter needs to be considered by the competent authority in the light of the aforesaid two judgements.
(3.) Learned Standing Counsel submits that since the paper relating to recognition order dated 24.5.1972 of District Inspector of Schools, Deoria is not available in the records, and therefore, it cannot be said that the primary section institution in question was given recognition prior to Government Order dated 21.6.1973.;