Dilip Gupta, J.@mdashThe sole relief claimed in the present petition is for a direction upon the Respondents to consider the application filed by the
Petitioner-Institution for bringing it on the grant-in-aid list of the State Government after ignoring condition imposed in paragraph 2 (13) of the
Government Order dated 7th September, 2006.
2. It is stated by Sri Jitendra Pandey, learned Counsel for the Petitioners that the only reason assigned for not bringing the Petitioner-Institution on
the grant-in-aid list of the State Government is because of the condition imposed in paragraph 2 (13) of the Government Order dated 7th
September, 2006. He has submitted that the condition imposed under paragraph 2(13) of the aforesaid Government Order dated 7th September,
2006 has been set aside by this Court in Committee of Management, Mata Tapeshwari Saraswati Vidya Mandir Uchchttar Madhyamik Vidyalaya
and Others Vs. State of U.P. and Others, and that the Special Appeal filed against the said judgment and order has also been dismissed and that
the Supreme Court in SLP (C) No. 4630 of 2008 (State of U.P. and Ors. v. Committee of Management, Mata Tapeshwari Saraswati Vidya
Mandir and Ors.) has also upheld the orders of this Court setting aside the said condition.
3. The Supreme Court, in the aforesaid SLP (C) No. 4630 of 2008, has observed as follows:
These Special Leave Petitions are, accordingly, dismissed. As directed by the learned Single Judge of the High Court by his judgment and order
dated 4th January, 2007, and upheld by the Division Bench by its judgment and order dated 15th January, 2008, the Petitioners are directed to
consider the case of the Respondent institutions, along with other applicants, for being brought within the ambit of the grant-in- aid Scheme in
pursuance of the Government Order dated 7th September, 2006, and while doing so ignore Condition No. 2(13) of the said Order and Condition
No. 12 of the Advertisement dated 9th September, 2006, issued by the Directorate of Basic Education, U.P.
4. Learned Standing Counsel for the Respondents has not disputed this position.
5. In view of the aforesaid, this petition is disposed of with a direction to the Respondents to consider the case of the Petitioner-Institution for
bringing it on the grant-in-aid list of the State Government pursuant to the Government Order dated 7th September, 2006 after ignoring condition
imposed under paragraph 2(13) of the aforesaid Government Order.