Ritu Raj Awasthi, J. - (1.) Heard Dr. L.P. Mishra and Sri G.C. Verma, learned counsel for the petitioners and learned Standing Counsel for the State and perused the record.
(2.) The controversy involved in the present writ petition relates to non-inclusion of the institution, Sant Kabir Kamal Purwa Madhyamik Vidyalaya Maghar, Sant Kabir Nagar in the list of grant in aid, in pursuance of Government Order dated 7.9.2006 for the purpose of providing financial assistance by the State for payment of salary to the teachers and other employees of the institution. By means of the present writ petition the petitioner has prayed for quashing of the office order dated 3.5.2008 by which the representation of the petitioner dated 15.2.2007, has been decided in compliance of order dated 12.2.2007 passed in writ petition No. 5832(M/S) of 2006. The representation of the petitioner has been rejected by the Secretary, Basic Education, Govt. of U.P. for the reason that the institution of the petitioner did not come within the eligibility criteria on the cut of date and the Government Order by means of which 100 institutions were included in the grant in aid list has been cancelled, therefore, it is not possible under the rules to include the petitioners' institution in grant in aid list.
(3.) Learned counsel for the petitioners has submitted that by means of the government order dated 7.9.2006 a policy decision was taken by the State Government for including 1000 permanent recognized unaided Junior High Schools in the grant in aid list. As per the conditions laid down by the aforesaid Government Order it was provided that the institution shall have its own building and annual result of the school up to class-VIII in last three years shall not be less than 45% and number of students in Classes VI, VII & VIII in last three years shall not be less than 105. On the date of application for grant in aid list before the District Basic Education Officer the approved teachers staff on the sanctioned post in the college shall be working. There shall not be any management dispute. In order to make the selection of the institution which are to be included in the grant in aid list, three committees at the Directorate level, regional level and district level shall be constituted and the selection of the institution shall be made as per the time schedule fixed by the Government order. The last date of submission of the application by the institution for the grant in aid was 1.10.2006. The institutions were required to apply before the District Basic Education Officer on the prescribed proforma. The applications were to be scrutinized at the district level and thereafter at the regional level and finally at the Directorate level and thereafter the recommendations were to be sent to the State Government for including the institutions in the grant in aid list.;