JUDGMENT Hon’ble S.P. Mehrotra, J.—I have heard Sri Ashok Khare, learned Senior Counsel assisted by Sri S.D. Shukla, learned counsel for the petitioners, and the learned Standing Counsel appearing for the respondent Nos. 1, 2, 3 and 5. 2. The Affidavits have been exchanged between the parties, and the Writ Petition is being disposed of finally at this stage with the consent of the learned counsel for the parties. 3. The present Writ Petition has been filed, inter-alia, praying for issuance of suitable writ, order or direction commanding the respondents to include the petitioners’ institution in the list of institutions receiving grant-in-aid from the State Government with effect from 1.12.2006 after making necessary modifications in this regard in the Government Order dated 2.12.2006 (Annexure-6 to the Writ Petition), and further commanding the respondents to sanction grant-in-aid to the petitioners’ institution and to disburse the salary of the members of the staff of the petitioners’ institution regularly every month with effect from 1.12.2006. Further prayer added by an amendment allowed by the Order dated 6.4.2009 passed on the Amendment Application, is for issuance of writ, order or direction in the nature of certiorari quashing the Communication dated 4.1.2007 issued by the Regional Assistant Director (Basic), Agra Region, Agra (Annexure CA-4 to the Counter Affidavit, sworn on 23.9.2007, filed on behalf of the respondent No. 4, and Annexure CA-3 to the Counter Affidavit, sworn on 11.11.2008, filed on behalf of the respondent Nos. 1, 2, 3 and 5). 4. It is, inter-alia, averred in the Writ Petition that the petitioners’ institution, namely, Samanvit Vikas Junior High School, Kumarpur, Dhatauli, Aligarh (in short “the institution in question”) is a recognized Junior High School in which education is imparted from Classes 6 to 8; and that the said institution has been granted permanent recognition as a Junior High School by the Order of the Regional Deputy Director of Education, Agra dated 24.2.1986 (Annexure-1 to the Writ Petition); and that the said institution has not been receiving any grant-in-aid from the State Government. 5. It is, inter-alia, further averred in the Writ Petition that on 7.9.2006 the State Government issued a Government Order notifying its decision for taking one thousand privately managed Junior High Schools on the grant-in-aid. Copy of the said Government Order dated 7.9.2006 has been filed as Annexure-2 to the Writ Petition. 6. 5. It is, inter-alia, further averred in the Writ Petition that on 7.9.2006 the State Government issued a Government Order notifying its decision for taking one thousand privately managed Junior High Schools on the grant-in-aid. Copy of the said Government Order dated 7.9.2006 has been filed as Annexure-2 to the Writ Petition. 6. In Condition No. 8 of Paragraph 2 of the said Government Order dated 7.9.2006, it is provided that "fo|ky; dk viuk futh Hkou gks" i.e. the institution must have its own building. 7. It is, inter-alia, further averred in the Writ Petition that in pursuance to the said Government Order dated 7.9.2006, the Director of Education (Basic) issued an Advertisement dated 9.9.2006 (Annexure-3 to the Writ Petition); and that in pursuance to the said Advertisement, the petitioners’ institution submitted the application complete in all regards within the stipulated time. 8. It is, inter-alia, further averred in the Writ Petition that the Application Form submitted by the petitioners’ institution was processed at the District Level and forwarded for further consideration to the Regional Level by the Basic Shiksha Adhikari; and that the Regional Assistant Director of Education (Basic), Agra issued a Communication dated 1.11.2006 (Annexure-4 to the Writ Petition) pointing out five deficiencies in the Application Form submitted by the petitioners’ institution; and that the objections so taken were non-existent and contrary to the documents already filed by the petitioners alongwith the Application Form, but the deficiencies so alleged were rectified by the petitioners by submitting the said documents afresh alongwith a Covering Letter dated 8.11.2006 (Annexure-5 to the Writ Petition) in the Office of the Regional Assistant Director of Education on 9.11.2006; and that thereafter nothing further was heard by the petitioners in this regard. 9. It is, inter-alia, further averred in the Writ Petition that on 2.12.2006, the State Government has issued a Government Order (Annexure-6 to the Writ Petition) whereby one thousand Junior High Schools, specified in the list appended to the said Government Order, have been brought on the grant-in-aid with effect from 1.12.2006. 10. 9. It is, inter-alia, further averred in the Writ Petition that on 2.12.2006, the State Government has issued a Government Order (Annexure-6 to the Writ Petition) whereby one thousand Junior High Schools, specified in the list appended to the said Government Order, have been brought on the grant-in-aid with effect from 1.12.2006. 10. It is, inter-alia, further averred in the Writ Petition that by means of the said Government Order dated 2.12.2006, a total number of 800 Boys Junior High Schools and 200 Girls Junior High Schools have been brought on the grant-in-aid; and that the 800 Boys Junior High Schools, which have been so brought on the grant-in-aid include such Junior High Schools, which have been granted permanent recognition dated 30.4.1988; and that the name of the petitioners’ institution does not find place in the said Government Order, even though the date of grant of permanent recognition to the petitioners’ institution is 24.2.1986, and the petitioners’ institution is amongst the senior-most institutions of the District Aligarh. 11. In view of the aforesaid circumstances, the petitioners have filed the present writ petition seeking the reliefs as mentioned above. 12. Counter Affidavit, sworn on 23rd September 2007, has been filed on behalf of the respondent No. 4. Another Counter Affidavit, sworn on 11th November, 2008, has been filed on behalf of the respondent Nos. 1, 2, 3 and 5. 13. Alongwith the said Counter Affidavits, copy of a Communication dated 4.1.2007 sent by the Regional Assistant Director of Education (Basic), Agra Region, Agra to the Principal/Manager of the institution in question, has been filed. Copy of the said Communication dated 4.1.2007 has been filed as Annexure CA-4 to the Counter Affidavit filed on behalf of the respondent No. 4 and as Annexure CA-3 to the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5. 14. The said Communication dated 4.1.2007, inter-alia, indicated the reasons for not including the aforesaid petitioners’ institution on grant-in-aid. The only reason given is "fo|ky; ds uke Hkwfe dk iDdk izek.k ugh" i.e. there was no positive proof regarding the land being in the name of the institution in question. 15. It is, inter-alia, stated in the Counter Affidavit filed on behalf of the respondent Nos. The only reason given is "fo|ky; ds uke Hkwfe dk iDdk izek.k ugh" i.e. there was no positive proof regarding the land being in the name of the institution in question. 15. It is, inter-alia, stated in the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5 that the Application Form as well as two extracts of Khatauni submitted by the petitioners did not indicate that the land on which the building of the institution in question existed was owned by the institution; and that in the two extracts of Khatauni, there was no mention of the name of the petitioners’ institution, instead, in one Khatauni “Junior High School Krishi Farm” and in the other “Khel Ka Maidan” were mentioned; and that Clause 8 of Paragraph 2 of the Government Order dated 7th September, 2006 indicated that the institution intending to be put on grant-in-aid should possess its own building, and therefore, it was necessary that the land should be in the name of the institution; and that in the present case, the petitioners had not supplied the relevant document in support of the claim that the land was in the name of the institution in question; and that whatever documents had been supplied by the petitioners’ institution did not indicate that the land in question was possessed or owned by the petitioners’ institution; and that the petitioners had also annexed Letter dated 12.3.1984 of the Pradhan of the Gram Samaj, with the Application Form; and that a perusal of the said Letter dated 12.3.1984 would show that the pieces of land referred to in the said Letter belonged to Gram Samaj, and no proper allotment order had been annexed by the petitioners. Copies of the said Extracts of Khatauni have been filed as Annexure CA-4 and copy of the said Letter dated 12.3.1984 has been filed as Annexure CA-5 to the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5. 16. Copies of the said Extracts of Khatauni have been filed as Annexure CA-4 and copy of the said Letter dated 12.3.1984 has been filed as Annexure CA-5 to the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5. 16. It is, inter-alia, further stated in the aforesaid Counter Affidavits filed on behalf of the respondents that by the Government Order dated 2.12.2006 (Annexure-6 to the Writ Petition), one thousand permanently recognized unaided Junior High Schools were taken on grant-in-aid; and that by the said Government Order dated 2.12.2006, the Boys Junior High Schools which were given permanent recognition up-to 30th April, 1988 and which fulfilled the conditions given in the said Government Order dated 7th September, 2006, and the Girls Junior High Schools which were given permanent recognition up to 23rd April, 1999 and which fulfilled the conditions given in the said Government Order dated 7th September, 2006, were taken on grant-in-aid. 17. It is, inter-alia, further stated in the said Counter Affidavits filed on behalf of the respondents that since many Junior High School institutions (Boys and Girls) had been left-out on account of non-removal of the defects in the Application Forms or non-submission of the Application Forms in time but such institutions were within the cut-off dates of permanent recognition i.e. up to 30th April, 1988 in the case of Boys Junior High Schools and 23rd April, 1999 in the case of Girls Junior High Schools, the State Government decided to give another opportunity and issued a Government Order dated 27.12.2006 inviting fresh applications or allowing the Junior High Schools to remove the defects who had submitted their applications earlier, as per the time-schedule laid-down in the said Government Order dated 27.12.2006. The said Government Order dated 27.12.2006, inter-alia, contemplated taking 100 more institutions (80 Boys Junior High Schools and 20 Girls Junior High Schools) on grant-in-aid. Copy of the said Government Order dated 27.12.2006 has been filed as Annexure CA-2 to the Counter Affidavit filed on behalf of the respondent No. 4 and Annexure CA-1 to the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5. 18. It is, inter-alia, further stated in the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5. 18. It is, inter-alia, further stated in the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5 that since the Finance Department did not concur with the proposal of taking additional 100 Junior High Schools on grant-in-aid and necessary allocation of funds in the budget was not made, the State Government issued another Government Order dated 16.1.2007 cancelling the earlier Government Order dated 27.12.2006. Copy of the said Government Order dated 16.1.2007 has been filed as Annexure CA-2 to the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5. 19. In reply to the said Counter Affidavit filed on behalf of the respondent No. 4, the petitioners have filed their Rejoinder Affidavit, sworn on 27.1.2008. Further, in reply to the said Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5, the petitioners have filed their Rejoinder Affidavit, sworn on 8.2.2009. 20. Again, in view of the filing of copy of the said Communication dated 4.1.2007 issued by the Regional Assistant Director of Education (Basic), Agra Region, Agra alongwith the said Counter Affidavits, an Amendment Application was filed on behalf of the petitioners seeking to add prayer in the Writ Petition for quashing the said Communication dated 4.1.2007. 21. As noted earlier, by the Order dated 6.4.2009, the said Amendment Application was allowed. 22. It is, inter-alia, stated in the Rejoinder Affidavit filed on behalf of the petitioners in reply to the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5 that in the Communication dated 1.11.2006 (Annexure-4 to the writ petition) issued by the Regional Assistant Director of Education (Basic), Agra Region, Agra, five deficiencies in the Application Form submitted by the petitioners’ institution were mentioned; and that each of the deficiencies/objections mentioned in the said Communication dated 1.11.2006 was wholly non-existent, and the requisite information in this regard was supplied by the petitioners alongwith Covering Letter dated 8.11.2006 (Annexure-5 to the Writ Petition); and that despite full information having been made available and the petitioners’ institution satisfying all terms and conditions of the Government Order dated 7.9.2006 as also the Advertisement dated 9.9.2006, the petitioners’ institution was not included in the list appended to the Government Order dated 2.12.2006. 23. 23. It is, inter-alia, further stated in the aforesaid Rejoinder Affidavits, filed on behalf of the petitioners, that the sole objection against the petitioners’ institution as specified in the Communication dated 4.1.2007 was regarding non-availability of any positive proof that the land was held in the name of the institution in question; and that upon receipt of the said Communication dated 4.1.2007, the petitioners submitted a Reply/Representation dated 20th January, 2007 addressed to the Regional Assistant Director of Education (Basic), Agra Region, Agra through the Basic Education Officer, District Aligarh. Alongwith the said Reply/Representation dated 20th January, 2007, the petitioners filed copy of the Khatauni of Village Dhatauli for 1410-1415 Fasli to show that the land was existing in the name of the institution in question. Copies of the said Reply/Representation dated 20.1.2007 has been filed as Annexure RA-1 and copy of the said Khatauni for 1410-1415 Fasli has been filed as Annexure RA-2 to the said Rejoinder Affidavits. 24. It is, inter-alia, further stated in the said Rejoinder Affidavits that subsequently, the Regional Assistant Director of Education (Basic), Agra Region, Agra issued a Communication dated 4.5.2007, inter-alia, stating that the said copy of the Khatauni submitted by the petitioners did not bear legible signature of the concerned officer, and that copy bearing legible signatures was required. Copy of the said Communication dated 4.5.2007 has been filed as Annexure RA-3 to the said Rejoinder Affidavits. 25. It is, inter-alia, further stated in the said Rejoinder Affidavits that in response to the said Communication dated 4.5.2007, the petitioners submitted a Letter dated 5.5.2007 alongwith computerized copy of the Khatauni (Annexure RA-4 to the said Rejoinder Affidavits) bearing legible signature and stamp of the issuing authority. 26. It is, inter-alia, further stated in the said Rejoinder Affidavits that the matter was thereafter examined by a four-member Committee chaired by the Regional Assistant Director of Education (Basic), Agra Region, Agra; and that the said Committee made recommendations in favour of the petitioners’ institution for bringing the same on grant-in-aid. Copy of the Communication dated 9.10.2007 sent by the Regional Assistant Director of Education (Basic), Agra Region, Agra in this regard has been filed as Annexure RA-5 to the said Rejoinder Affidavits. 27. Copy of the Communication dated 9.10.2007 sent by the Regional Assistant Director of Education (Basic), Agra Region, Agra in this regard has been filed as Annexure RA-5 to the said Rejoinder Affidavits. 27. It is submitted by Sri Ashok Khare, learned Senior Counsel appearing for the petitioners that the Communication dated 1.11.2006 (Annexure-4 to the Writ Petition) mentioned five deficiencies in the Application Form submitted by the petitioners’ institution. The deficiencies/objections mentioned in the said Communication dated 1.11.2006, it is submitted, were non-existent and contrary to the documents already filed by the petitioners alongwith the Application Form, still, the petitioners again submitted the said documents afresh alongwith Covering Letter dated 8.11.2006 (Annexure-5 to the Writ Petition). It is submitted that even though the petitioners’ institution fulfilled all the terms and conditions of the Government Order dated 7.9.2006, and there was no deficiency in the Application Form submitted by the petitioners’ institution, the petitioners’ institution was not included in the Government Order dated 2.12.2006 (Annexure-6 to the Writ Petition). 28. It is pointed out by Sri Khare that even though the said Communication dated 1.11.2006 (Annexure-4 to the Writ Petition) mentioned five deficiencies, the Communication dated 4.1.2007 (Annexure CA-4 to the Counter Affidavit filed on behalf of the respondent No. 4 and Annexure CA-3 to the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5) mentioned only one deficiency, namely, that there was no positive proof of the land being in the name of the institution in question. 29. It is submitted by Sri Khare that in the Counter Affidavit filed on behalf of the respondent Nos. 1, 2, 3 and 5, it is admitted that the petitioners’ institution filed along-with its Application Form, extracts of Khatauni (Annexure CA-4 to the said Counter Affidavit). A perusal of the said extracts of Khatauni, Sri Khare submits, showed that the deficiency mentioned in the said Communication dated 4.1.2007 was non-existent and contrary to the documents filed along-with the Application Form by the petitioners’ institution. A perusal of the said extracts of Khatauni, Sri Khare submits, showed that the deficiency mentioned in the said Communication dated 4.1.2007 was non-existent and contrary to the documents filed along-with the Application Form by the petitioners’ institution. In any case, the submission proceeds, alongwith the Reply/Representation dated 20.1.2007 (Annexure RA-1 to the Rejoinder Affidavits filed on behalf of the petitioners) submitted by the petitioners’ institution in response to the said Communication dated 4.1.2007, copy of the Khatauni for 1410-1415 Fasli as rectified/corrected by the Order dated 10.1.2007 passed by the Deputy Collector was submitted which showed that the name of the institution in question was also specifically mentioned in the Khatauni so as to remove doubt, if any, regarding the land belonging to the institution in question. 30. Sri Khare submits that by the Communication dated 4.5.2007 (Annexure RA-3 to the said Rejoinder Affidavits) issued by the Regional Assistant Director of Education (Basic), Agra Region, Agra, copy of Khatauni bearing legible signature of the concerned officer was required to be submitted. Thereupon, a Letter dated 5.5.2007 alongwith computerized copy of the Khatauni (Annexure RA-4 to the said Rejoinder Affidavit) bearing legible signature and stamp of the issuing authority was submitted by the petitioners. The matter was thereafter examined, it is submitted, by a four-member Committee chaired by the Regional Assistant Director of Education (Basic), Agra Region, Agra, and the said Committee made recommendations to the State Level Committee for bringing the petitioners’ institution on the grant-in-aid. 31. Sri Khare in this regard refers to the Communication dated 9.10.2007 issued by the Regional Assistant Director of Education (Basic), Agra Region, Agra (Annexure RA-5 to the said Rejoinder Affidavits). 32. It is submitted by Sri Khare that the matter is at present pending before the State Level Committee. 33. In reply, the learned Standing Counsel appearing for the respondent Nos. 1, 2, 3 and 5 submits that by the Government Order dated 27.12.2006, the State Government, inter-alia, gave another opportunity to the Junior High Schools to remove the defects in their Applications, submitted earlier, as per the time-schedule laid-down in the said Government Order dated 27.12.2006. 33. In reply, the learned Standing Counsel appearing for the respondent Nos. 1, 2, 3 and 5 submits that by the Government Order dated 27.12.2006, the State Government, inter-alia, gave another opportunity to the Junior High Schools to remove the defects in their Applications, submitted earlier, as per the time-schedule laid-down in the said Government Order dated 27.12.2006. However, as the Finance Department did not concur with the proposal contained in the said Government Order dated 27.12.2006 and necessary allocation of funds in the budget was not made, the State Government issued another Government Order dated 16.1.2007 cancelling the earlier Government Order dated 27.12.2006. In view of the cancellation of the Government Order dated 27.12.2006, the submission proceeds, the petitioners’ institution cannot be given any further opportunity to remove the defects in its Application for grant-in-aid, and therefore, no relief can be granted to the petitioners in the present case. 34. In rejoinder, Sri Ashok Khare, learned Senior Counsel appearing for the petitioners submits that the case of the petitioners’ institution is that it fulfilled all the requirements of the Government Order dated 7.9.2006 including the requirement mentioned in Condition No. 8 regarding the institution having its own building, and the relevant documents in this regard were submitted with the Application of the petitioners’ institution, and thereafter, again with the Covering Letter dated 8.11.2006 in response to the Communication dated 1.11.2006. The said documents showed that the objection raised in the Communication dated 4.1.2007, namely, there being no positive proof of the land being in the name of the institution in question, was non-existent and misconceived. The doubt, if any, regarding the land belonging to the institution in question, the submission proceeds, stood removed when the petitioners’ institution alongwith its Reply/Representation dated 20.1.2007 submitted copy of the Khatauni for 1410-1415 Fasli as rectified/corrected by the Order dated 10.1.2007 passed by the Deputy Collector which showed that the name of the institution in question was also specifically mentioned in the Khatauni. 35. Again, Sri Khare urges, in response to the Communication dated 4.5.2007 issued by the Regional Assistant Director of Education (Basic), Agra Region, Agra, a Letter dated 5.5.2007 alongwith computerized copy of the Khatauni bearing legible signature and stamp of the issuing authority was submitted. 35. Again, Sri Khare urges, in response to the Communication dated 4.5.2007 issued by the Regional Assistant Director of Education (Basic), Agra Region, Agra, a Letter dated 5.5.2007 alongwith computerized copy of the Khatauni bearing legible signature and stamp of the issuing authority was submitted. The matter was thereafter considered by a four-member Committee chaired by the Regional Assistant Director of Education (Basic), Agra Region, Agra, and the said Committee made recommendations to the State Level Committee for bringing the petitioners’ institution on the grant-in-aid, and the matter is at present pending before the State Level Committee. In the circumstances, it is submitted, the issuance of the Government Order dated 27.12.2006 or its cancellation by the Government Order dated 16.1.2007 was not material. 36. I have considered the submissions made by the learned counsel for the parties. In my opinion, as the matter is at present pending before the State Level Committee pursuant to the Reply/Representation dated 20.1.2007 submitted by the petitioners’ institution, it will be appropriate in the interest of justice that the respondent No. 1 be directed to take appropriate decision in the matter of the petitioners’ institution. 37. As regards, the submission made by the learned Standing Counsel appearing for the respondent Nos. 1, 2, 3 and 5 that in view of the cancellation of the Government Order dated 27.12.2006 by the Government Order dated 16.1.2007, no relief can be granted to the petitioners, I am of the opinion that the said submission cannot be accepted. 38. Question involved in the present case is as to whether the institution in question fulfilled the requirements of the Government Order dated 7.9.2006 including the requirement contained in Condition No. 8 of Paragraph 2 of the said Government Order, and further, as to whether the objection/reason for declining to bring the institution in question on grant-in-aid, as mentioned in the Communication dated 4.1.2007, was valid/legal or not. 39. The issuance of the Government Order dated 27.12.2006 and its subsequent withdrawal/cancellation by the Government Order dated 16.1.2007 was not material, as the questions, mentioned above, are to be decided with reference to the Government Order dated 7.9.2006. 40. 39. The issuance of the Government Order dated 27.12.2006 and its subsequent withdrawal/cancellation by the Government Order dated 16.1.2007 was not material, as the questions, mentioned above, are to be decided with reference to the Government Order dated 7.9.2006. 40. In view of the above, the Writ Petition is disposed of with the direction to the respondent No. 1 to take appropriate decision on the Application submitted by the petitioners’ institution, namely, Samanvit Vikas Junior High School, Kumarpur, Dhatauli, Aligarh for grant-in-aid in accordance with law and keeping in view the requirements of the Government Order dated 7.9.2006, expeditiously, preferably within a period of four months from the date of production of a certified copy of this Order alongwith a copy of the petitioners’ Reply/Representation dated 20.1.2007 before the respondent No. 1. Before deciding the matter, the respondent no. 1 will give opportunity of hearing to all concerned including the petitioners. The respondent No. 1 will decide the matter by passing a reasoned order. ———