- (1.) HEARD Sri Ashok Khare, learned Senior Advocate with Sri Siddharth Khare for the appellant, Sri Y. K. Srivastava, learned standing Counsel for the State of U. P. appears for the respondents. The appeal is admitted and heard forthwith finally.
(2.) THE appellant is a Junior High School running classes from 5th to 8th standard for girls in district Basti. It is the appellant's case that school is being run right from 1984 and it got permanent recognition on 2. 7. 1993. In pursuance to a Government advertisement, the appellant applied for being included in the grant-in-aid list of the State Government, The appellant school has not been included in the list of school which are being given grant. Such a communication has been sent by the Assistant Director of Education on 18. 1. 2007. Being aggrieved by that, a petition was filed by the appellant praying for a direction to command the respondents to include the petitioner's name in the institutions receiving the grants with effect from 1. 12. 2006.
(3.) SRI Khare, learned Counsel for the appellant, submits that principally the reason for which the appellant's name was not included appears that according to the respondents the appellant's school building was not on its own land. This objection was replied subsequent to the above referred communication dated 18. 1. 2007 of the Assistant Director and therefore the prayer was that the appellant's claim be considered and the respondents be commanded to include the appellant's name in the concerned list.;