Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE petitioner is a technical institution known as Silai Karhai Tatha Bunai Prashikshan Evam Utpadan Kendra. THE aforesaid institution is recognized by the Social Welfare Directorate of U. P. ,Lucknow, for imparting training in Tailoring and Allied Crafts Courses and is run by a registered society namely, Nehru Bal Mandal, registered under the Societies Registration Act, 1860. It is alleged that the petitioner's institution continued to receive recurring grant from 1976 to 1985 but the same was discontinued following black-listing to Nehru Bal Mandal by the Director Social Welfare vide order dated 17.1.1992. Aggrieved the petitioner filed Civil Misc. Writ Petition No. 30744 of 2000, Silai Karhai Bunai Prashikshan Evam Utpadan Kendra v. State of U. P. and others. The aforesaid writ petition was decided vide judgment dated 28.2.2005 directing the respondents to take the petitioner institution in the grant-in-aid list forthwith within a month from the date of the submission of a certified copy of the order or pass, a reasoned order why the petitioner cannot be extended the aforesaid benefits within the aforesaid period.
(3.) THE contention of the counsel for the petitioner is that the petitioner's institution continued to receive recurring grant from 1976 to 1985 but it has been discontinued following black listing to Nehru Bal Mandal by the Director Social Welfare in the year 1985-86. It is stated that 51 institutions were taken in grant-in-aid list by the State Government by Government order dated 29.12.1988, taking the liability of the payment of salary to the employees w.e.f. 1.4.1988, as such in pursuance of the judgment dated 28.2.2005, passed by this Court the petitioner's institution was liable to be taken in grant-in-aid list forthwith within a month from the date of submission of a certified copy of the order. He has also relied upon paragraph 23 of the writ petition in which it has been mentioned that out of 51 institutions shown in the grant-in-aid list serial Nos. 3, 12, 29, 32, 33, 34, 43 and 48 are the institutions which have received recurring grant after the petitioner's institution and no reason was assigned as to why the petitioner's institution was not taken in grant-in-aid list in pursuance of the judgment of this Court dated 28.2.2006. The Director by the impugned order dated 15.4.2005, held that the examination of the recognized institution is held by the Social Welfare Department and successful candidates are issued certificate of training by it. He has further held that petitioner had been granted recognition for two years training and allied courses vide letter dated 14.3.1974, with the condition that all the expenses for conducting the examination as well as other expenses for running the Institution shall be borne by it and as such the State Government is not liable to bear any expenses of teachers and staffs by recurring grant. The relevant extract of the order in this regard is as under : ...[VERNACULAR TEXT OMMITED]...;