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Judgment
Bharati Sapru, J.—Pleadings have been exchanged in this matter.
I have heard Learned Counsel for both sides.
This writ petition has been filed by the Petitioners being aggrieved by an order dated 4.1.2007 passed by the Regional Assistant Director of Education (Basic), Azamgarh by which he has rejected the Petitioners'' case for being brought on the grant-in-aid list.
The only reason given in the impugned order is that the Petitioners'' institution is junior high school.
The facts of the case are that the Petitioners'' institution have been granted permanent recognition as junior high school by an order dated 20.1.1986. The Petitioner had also applied for grant of grant-in-aid on the basis of the grant of permanent recognition. However the Petitioners'' case was rejected on the ground that the Petitioners did not qualify under para 2 (13) of the Government Order dated 7.9.2006 and the condition No. 12 of the advertisement dated 9.9.2006.
It is not disputed by the State that the condition No. 2(13) of the Government Order dated 7.9.2006 and also advertisement No. 12 of the relevant advertisement has been held to be invalid by the judgment of this Court dated 4.1.2007 passed in writ petition No. 61343 of 2006. The judgment of the learned single judge has been affirmed by the Division Bench of this Court in special appeal No. 162 of 2007.
The State thereafter filed a SLP (civil) No. 4630 of 2008 before the Hon''ble Apex Court and the Apex Court by its judgment dated 2.12.2009 has upheld both Single Judge as well as Division Bench decisions of this Court.
The averments made in para 18, 19 and 20 of the writ petition have not been denied by the State in its counter affidavit and in fact have been admitted as matter of record. Therefore the reason given in the impugned order for rejecting the Petitioners'' case is not justified in the facts and circumstances of the case. The sole reason given is that the Petitioners'' case is junior high school and No. other reason has been given.
In view of the facts and circumstances as narrated above, the impugned order passed by the Respondent dated 4.1.2007 is liable to be rejected and it is hereby set aside by this Court. The Respondents are directed to reconsider the case of the Petitioners in the light of the judgments of this Court as well as Hon''ble Apex Court. The Respondents shall pass fresh orders after giving to the Petitioners an opportunity of hearing in accordance with law. They shall pass orders within a period of two months.
The writ petition is thus allowed. No. costs.