Committee of Management, Midil School Samittee Madiyapur, Azamgarh and another vs Director of Social Welfare Officer, U.P. Lucknow and others

A.K. Yog, J.—Grant-in-aid is not as of right and it is much less under law. Petitioner, who alleges to be Committee of Management of an educational institution, can at beat ask for being considered for receiving grant-in-aid provided it has applied for the same and satisfies that the condition contained in relevant Government Orders issued from time to time are satisfied by It.

Even otherwise, this Court, exercising extraordinary jurisdiction under Article 226, Constitution of India, cannot direct the respondents to extend grant-in-aid to the petitioner. This Court can, at best, direct concerned authorities to consider the case of the petitioner.

Representation of the petitioner dated 18th June, 1999 (Annexure-6 to the writ petition) is said to be still pending. If so, the concerned authorities shall consider the same and take decision thereon within three months. Question whether institution is entitled to or not for the grant-in-aid may be decided by giving reasons on merits by the concerned authorities within the time stipulated above within three months from the date of production of a certified copy of this order and communicate its decision to the petitioner by Registered A. D. post within a week of passing of the order deciding said representation.

The writ petition stands allowed subject to the observation made above.

It is, however, made clear that this judgment shall not be taken or treated deciding the matter on merits in any respect in favour of the petitioner and authorities concerned may take decision independently in accordance with law.