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2008 DIGILAW 52 (ALL)

COMMITTEE OF MANAGEMENT YOGYA JUNIOR HIGH SCHOOL MUHIUDD1NPUR ETAH v. STATE OF U P

2008-01-08

RAKESH TIWARI

body2008
RAKESH TIWARI, J. ( 1 ) HEARD Counsel for the parties and perused the record. ( 2 ) PETITIONERs institution, Yogya Junior High School Muhiuddinpur, Etah is a racogni?ed institution which was likely to be taken for grand-in-aid by the state Government along with 800 institutions. ( 3 ) IT is stated that the 800 institutions were taken for grant-in-aid on 2. 12. 2006 but the petitioners institution was not taken for grant-in-aid on the basis of wrong report dated 21. 11. 2006 submitted by the District Inspector of schools. The petitioner has made a representation dated 10. 11. 2006 before respondent No. 3 in this regard but no avail, hence this writ petition. ( 4 ) THE contention of the Counsel for the petitioner is that the petitioners institution is a recognized Junior Eligh School which was likely to be taken for grant-in-aid by the State Government along with 800 institutions and that the 800 institutions were taken for grant-in-aid list but the petitioners institution was not taken for grant-in-aid list. ( 5 ) HE further submits that the said act of the respondents for not taking the petitioners institution in grant-in-aid list is arbitrary and illegal. ( 6 ) IF an institution is established by a person and is being run by the committee of Management, it is the management which has to arrange and make the provision for payment of the salary of its employees. The State government has framed policy and has given grant-in-aid to the institutions who in its discretion fulfills the criteria laid down in various Government orders. It may be observed here that in the State of U. P. an institution is normally established for taking grant-in-aid for their own benefits. It may also be stated that the State Government has limited resources and has duties in other sectors also and hence all revenue cannot be poured by it in the education sector alone and a balance has to be struck. Merely because the petitioners institution was not taken in grant-in-aid list the petitioner is not entitled to grant-in-aid. Such matter is not hit by Article 14 of the Constitution. ( 7 ) THE petitioner has no legal right to demand grant-in-aid merely because it has established an institution at his own. Merely because the petitioners institution was not taken in grant-in-aid list the petitioner is not entitled to grant-in-aid. Such matter is not hit by Article 14 of the Constitution. ( 7 ) THE petitioner has no legal right to demand grant-in-aid merely because it has established an institution at his own. Neither there is any privity of contract that the State Government will provide grant-in-aid to all the institutions nor the State Government is obliged to give grant-in-aid to all institutions which are so established. Since it is the discretion of the State government and the petitioner has no legal right to claim grant-in-aid, this court is not inclined to interfere in such matters. ( 8 ) THE writ petition is accordingly, dismissed. Petition Dismissed. .