JUDGMENT Hon’ble Sanjay Misra, J.—Heard Sri Ashok Khare, learned senior counsel assisted by Sri A.P. Srivastava, learned counsel for the petitioners, learned Standing Counsel for the State-respondents, Sri V.B. Tiwari, learned counsel for Respondents No. 1, 2 & 3 and Sri K.Sahi for Respondent No. 5 2. The petitioners who are fourteen in numbers claim to be teachers and non-teaching staff in a primary school by the name of Sanatan Dharma Vidyalaya situate in Kanpur Nagar. They are aggrieved by the order dated 7.10.2005 passed by the State Government (Respondent No. 4) whereby the request for bringing the primary school under grant-in-aid list of the State Government has been refused. 3. Learned counsel for the petitioner has submitted that Sanatan Dharma Vidyalaya was a primary school established prior to 1917 and it was given recognition by the Superintendent of Education Committee, Kanpur Nagar on 4.4.1938. According to him the Sanatan Dharma Vidyalaya (Primary School) was being run by the Respondent No. 2 namely Shree Brahma Varta Sanatan Dharma Mahamandal and subsequently High School and Intermediate College was opened which was brought in grant-in-aid list of the State Government. Sri Khare has submitted that the Respondent No. 3 Sanatan Dharma Vidyalaya (Primary School) is, therefore, a part and parcel of the High School and Intermediate College which is recognized and aided namely BNSD Inter College (Respondent No. 1). That being the circumstance the impugned order is clearly illegal and primary school Sanatan Dharma Vidyalaya was required to be brought in grant-in-aid list of the State Government. 4. Learned counsel for the Respondents No. 1, 2 & 3 i.e. the BNSD Inter College, Shree Brahma Varta Sanatan Dharma Mahamandal and Sanatan Dharma Vidyalaya (Primary School) have contested the submission made by the petitioners and state that Sanatan Dharma Vidyalaya (Primary School) is being run by the society namely Shree Brahma Varta Sanatan Dharma Mahamandal (Respondent No. 2) and that the primary school is not registered under the Societies Registration Act which is being run by the Shree Brahma Varta Sanatan Dharma Mahamandal as an independent institution and, therefore, it cannot be said that the same is part and parcel of the High School and Intermediate level BNSD Inter College. The management of the parent society (Respondent No. 2) has, therefore, denied that the primary school (Respondent No. 3) is in any manner associated with the High School and Intermediate BNSD Inter College and, therefore, they support the impugned order passed by the State Government by saying that even if the primary school (Respondent No. 3) was given recognition by the Nagar Palika, Kanpur Nagar as far back as in 1938, the said recognition could not enable the primary school to claim grant-in-aid from the State Government. Sri K. Sahi, learned counsel for Respondent No. 5 has also supported the case taken by the Respondents No. 1, 2 & 3 and has stated in the counter-affidavit that the primary school is not attached to the BNSD Inter College and as such if it is not attached with the college it is not entitled to be given grant-in-aid from the State Government by virtue of 1989 Government Order. 5. Learned Standing Counsel has also supported the case taken by the other respondents. 6. Having Considered the submission of learned counsel for the parties and perused the record, it appears that the parent society itself has taken up a case that the primary school is not a part and parcel of the High School and Intermediate level education institution by the name of BNSD Inter College being run by it. If that be the stand of the parent body which is running the primary school the impugned order passed by the State Government cannot be faulted at all. 7. Insofar as the submission of learned counsel for the petitioners who are teachers and non-teaching staff of the primary school that the recognition was granted on 4.4.1938 by the Kanpur Nagar Nigam is concerned, the same could be a recognition granted by the local body and it would not govern the State Government for the purpose of bringing the institution under its grant-in-aid list. Consequently, when the facts of the present case clearly indicate that the primary school (Respondent No. 3) is not attached to the High School and Intermediate BNSD Inter College and that is also the case of the parent society then it could not be held that the reason given in the impugned order for rejecting the application for grant-in-aid made by the teachers and non-teaching staff by the State Government suffers from any error of law. Moreover, grant-in-aid cannot be claimed as of right. 8. For the aforesaid reasons, there is no error in the impugned order. The writ petition has no force and it is, accordingly, dismissed. 9. No order is passed as to costs. ————