JUDGMENT Hon’ble Ritu Raj Awasthi, J.—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. 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. 4. It has been contended by Dr. L.P. Mishra, learned counsel for the petitioner that the institution of the petitioners was granted permanent recognition w.e.f. 1.7.1984 by the order dated 25.9.1984. Even prior to that the institution was under temporary recognition from the year 1973 for imparting education for the classes VI, VII & VIII. The institution of the petitioner fulfill the criteria as provided under government order dated 7.9.2006 and therefore applied within the time as prescribed by the said government order and the petitioner had completed all the formalities and had enclosed all the documents as required on the prescribed application. 5. It is further submitted that the objections raised were also subsequently removed by the petitioner and the copy of the Khatauni issued by the Tehsildar, Tehsil Khalilabad was also enclosed which clearly indicated that the Gata No. 189/7 measuring area 0.960 hectares was recorded in the name of the institution since 1383 fasli. The objections were removed by the application dated 13.11.2006 which was duly received in the office of the District Basic Education Officer, Sant Kabir Nagar. Thereafter the application was forwarded to the Director, Basic Education, U.P. However, in the list issued on 2.12.2006, the institutions included for grant in aid, the name of the petitioner’s institution did not find place. The objections were removed by the application dated 13.11.2006 which was duly received in the office of the District Basic Education Officer, Sant Kabir Nagar. Thereafter the application was forwarded to the Director, Basic Education, U.P. However, in the list issued on 2.12.2006, the institutions included for grant in aid, the name of the petitioner’s institution did not find place. It has been further contended by the learned counsel for the petitioner that the Opposite Party No. 1 had issued a list of 1000 institutions (800 boys and 200 girls) on 2.12.2006 to whom the grant in aid was provided and the institution whose name find place at the bottom in the list was granted permanent recognition on 30.4.1988 i.e., much after the permanent recognition given to the institution of the petitioner. 6. The petitioner, feeling aggrieved from the exclusion from the list of institutions, which were included in grant in aid list, filed the writ petition No. 5832 (M/S) of 2006 before this Court. In the said writ petition the District Basic Education Officer, Sant Kabir Nagar had filed counter-affidavit in which it was admitted that the Khatauni with respect to Gata No. 189/7 and Gata No. 422 were filed but the same were misplaced. 7. By the order dated 12.2.2007 the writ petition No. 5832 (M/S) of 2006 was disposed of with a direction to the State Government to take a decision with regard to petitioner’s institution inclusion in grant in aid within three weeks from the date of certified copy of the order is served. The certified copy of the order dated 12.2.2007 was served on the opposite party on 15.2.2007. Thereafter the State government call for the report from the Director, Basic Education who in pursuance thereof wrote a letter to the Assistant Director, Basic Education, Gorakhpur and who in turn wrote to the District Basic Education Officer. By the letter dated 10.12.2007 the District Basic Education Officer had submitted a report wherein it was indicated that the petitioner had submitted the Khatauni of the land belonging to the institution of the petitioner alongwith its letter dated 13.11.2006, which was forwarded to the Director, Basic Education. By the letter dated 10.12.2007 the District Basic Education Officer had submitted a report wherein it was indicated that the petitioner had submitted the Khatauni of the land belonging to the institution of the petitioner alongwith its letter dated 13.11.2006, which was forwarded to the Director, Basic Education. It was also indicated in the said letter that in the counter-affidavit filed in writ petition No. 5832/06 the Basic Shiksha Adhikari had admitted that the petitioner had enclosed the relevant Khatauni alongwith application dated 13.11.2006 at the time of removal of the objections raised in its application for inclusion in the grant in aid list. 8. It has been further submitted by the counsel for the petitioner that the State Government by letter dated 12.2.2008 had asked the District Magistrate, Sant Kabir Nagar to submit a detailed report indicating therein as to on which land the institution of the petitioner is situated and the institution possess how much land. The District Magistrate was also required to submit a report as to how much land is under Gata No. 422 and out of which how much land is under the ownership of the institution. In this regard the District Magistrate vide letter dated 26.2.2008 had submitted a detailed report prepared under the authority of the S.D.O. Khalilabad, according to which the building of the institution is situated on Gata No. 189/7 having 0.960 hectare land and the total land of Gata No. 422 is 0.919 hectare out of which 1/4 part has been donated by Abdul Gani s/o Maula Bux, r/o village Kazipur to the institution of the petitioner on 30.7.1973, which has also been mutated in the name of the petitioners’ institution and as such the total land in the name of the institution of the petitioner is 1.190 hectare. 9. It has also been submitted by the counsel for the petitioner that the impugned order has been passed against the documentary evidence for hiding lapses of opposite party themselves as for their own fault they had not included the institution of the petitioner in the list of institutions who were extended grant in aid by order dated 2.12.2006. The impugned order had been passed deliberately on the wrong report submitted by the Opposite Party No. 2 who is having malice against the petitioner. 10. The impugned order had been passed deliberately on the wrong report submitted by the Opposite Party No. 2 who is having malice against the petitioner. 10. The learned Standing Counsel on the basis of the counter-affidavit submitted that before passing the impugned order, the competent authority had examined all the material available on record relevant for grant in aid to the institution of the petitioner. The order dated 3.5.2008 had been passed in accordance with law and there is no illegality or infirmity in the impugned order. The petitioner do not fulfill the requisite conditions as innumerated in the government order dated 7.9.2006 on the cut of date hence the petitioner’s institution was not included in the list of institution taken in grant in aid. 11. It has been further submitted that in the M.R. (Manual Report) the school’s name has been stated as Sant Kabir Kamal Purwa Madhyamik Vidyalaya, Maghar, Sant Kabir Nagar whereas in the letter of recognition issued in 1984 to the institution of the petitioner, the name has been mentioned as Sant. Kabir Kamal Junior High School, Maghar, Sant Kabir Nagar. There is no building of the school in the name of Sant Kabir Kamal Purwa Madhyamik Vidyalaya, Maghar, Sant Kabir Nagar till date. It has been further submitted by the learned Standing Counsel that the petitioner had submitted the application removing all the objections on 13.11.2006, however, as per the Government Order dated 7.9.2006 the last date for removing all the defects and objections was 10.11.2006 and as such it is very much clear that the petitioner had not complied with the guidelines and directions issued by the State Government and he had removed the objections after expiry of the prescribed time. The learned Standing Counsel submits that as per rules the complete ownership with regard to the school land is not clear and therefore the petitioner did not fulfill the eligibility criteria even today. 12. In the rejoinder affidavit, the learned counsel for the petitioner has reiterated the averments made in the writ petition and has denied the contents of the counter-affidavit. 13. I have considered the various submission made by the counsel for the parties. As per the Government order dated 7.9.2006 a decision was taken by the State Government for including 1000 permanent recognized unaided Junior High Schools in grant in aid. 13. I have considered the various submission made by the counsel for the parties. As per the Government order dated 7.9.2006 a decision was taken by the State Government for including 1000 permanent recognized unaided Junior High Schools in grant in aid. According to the Government Order dated 7.9.2006 an institution shall have its own building, however, the total area of the land required for establishing a Junior High School was nowhere mentioned. It was also not mentioned that the entire land on which the institution is established should be solely in the name of the institution. It is not disputed that the land situated at Gata No. 189/7 measuring 0.960 hectare was recorded in the name of Sant Kabir Kamal Purwa Madhyamik Vidyalaya, Maghar, Sant Kabir Nagar. 14. So far as the land situated at Gata No. 422 is concerned it is evident from the records that the State Government by letter dated 12.2.2008 had asked the District Magistrate, Sant Kabir Nagar to submit a detailed report indicating therein as to on which land the building of the institution of the petitioner is situated and how much land is possessed by the institution. The District Magistrate was also required to submit a report as to how much land is under the Gata No. 422 and out of which how much land is under the ownership of the institution. The District Magistrate by letter dated 26.2.2008 had submitted a report prepared under the authority of the S.D.O. Khalilabad according to which the building of the institution is situated on Gata No. 189/7 having 0.960 hectares land and the total land of Gata No. 422 is 0.919 hectare out of which 1/4 part has been denoted by Abdul Gani s/o Maula Bux, r/o Kazipur to the Sant Kabir Kamal Vidyalaya. From the report it is also evident that 8 rooms have been constructed in the college building and four rooms are under construction. The institution of the petitioner possess the total land of 1.190 hectare in the name of Sant Kabir Kamal Purva Madhyamik Vidyalaya, Maghar. 15. The contention of the learned Standing Counsel that there is some dispute in the name of the institution and the land recorded under the revenue records does not find any force as the land recorded under the revenue records is in the name of Sant. 15. The contention of the learned Standing Counsel that there is some dispute in the name of the institution and the land recorded under the revenue records does not find any force as the land recorded under the revenue records is in the name of Sant. Kabir Kamal Junior High School & Sant Kabir Kamal Junior High School Sewa Asharam whereas the recognition for the Junior High School granted to the institution is in the name of Sant. Kabir Kamal Junior High School. There is no other institution in the same name in the locality so there cannot be any confusion so far as the name of the institution of the petitioner is concerned. Moreover, the possession of the petitioner over the land in question is not disputed. 16. From the perusal of the impugned order dated 3.5.2008, it is very much clear that the petitioner has been denied the grant in aid on the ground that it did not come within the eligibility criteria on the cut of date as provided under Government Order dated 7.9.2006. However, from the records it is evident that the petitioner had removed all the objections by his application dated 13.11.2006 which was duly received in the office of the District Basic Education Officer, Sant Kabir Nagar. Thereafter the said application was forwarded to the Director, Basic Education, U.P. In fact by letter dated 3.11.2006 of the Assistant Director Education (Basic), 7th Region, Gorakhpur the institution of the petitioner was allowed to remove the defects, as pointed out in the said letter, within 10 days and the Manager of the institution by letter dated 13.11.2006 had informed the removal of the said defects. 17. Moreover, in compliance of the order dated 12.2.2007 passed in writ petition No. 5832 (M/S) of 2006, the State Government had called for the report from the Director Basic Education and in this regard the Basic Education Officer by letter dated 10.12.2007 had submitted that the petitioner had furnished the Khatauni of the land belonging to the institution alongwith its letter dated 13.11.2006. It was also indicated in the said letter that in the counter-affidavit filed in the writ petition No. 5832/2006 the Basic Shiksha Adhikari had admitted that the petitioner had enclosed the relevant Khatauni alongwith its application at the time of removal of the objections for inclusion in the grant in aid list. It was also indicated in the said letter that in the counter-affidavit filed in the writ petition No. 5832/2006 the Basic Shiksha Adhikari had admitted that the petitioner had enclosed the relevant Khatauni alongwith its application at the time of removal of the objections for inclusion in the grant in aid list. As such the institution of the petitioner fulfilled the requisite condition and criteria for being included in the grant in aid list as provided under the government order dated 7.9.2006. 18. The perusal of the impugned order dated 3.5.2008 clearly shows that the application of the petitioner for inclusion of the institution in grant in aid list was not rejected being time barred therefore the contention of the counsel for the respondent that the objections removed by the petitioner were done after the time prescribed for that purpose and therefore could not have been considered has no force. 19. From the above facts, I am of the considered opinion that the impugned order rejecting the claim of the petitioner for grant in aid has been wrongly rejected by the opposite parties. The institution of the petitioner fulfills the criteria prescribed under the Government Order dated 7.9.2006 and therefore it is entitled to be considered for getting grant in aid by the State Government. 20. From the impugned order, it appears that by the Government Order dated 7.6.2006, 1000 institutions were included in the grant in aid list, was subsequently cancelled. However, it does not in any manner dis-entitle the petitioner from being considered for getting the grant in aid in pursuance of the Government Order dated 7.9.2006. The petitioner’s institution shall be considered for grant in aid in accordance with G.O. dated 7.9.2006 as and when the grant in aid is enlarged to other institutions who were included in the list of 1000 institutions on 2.12.2006. 21. In view of the above, the writ petition succeeds and the writ in the nature of certiorari is issued quashing the impugned order dated 3.5.2008 with a direction to the opposite parties to consider the institution of the petitioner for providing grant in aid in pursuance of Government Order dated 7.9.2006 as and when other institutions are given the grant in aid as observed above. No order as to costs. ————