WP(C) 4486/2009 BEFORE THE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. B. Islam, learned counsel appearing for the petitioner. Also heard Mr. MK Mishra, learned Standing Counsel, Education Department appearing for the res pondent Nos.1 to 5 as well as Mr. P. Udadhyay, learned counsel appearing on beha lf of the respondent No.6. As agreed to by the learned counsel for the respective parties, this wri t petition is taken up for disposal at the admission stage. Facts, leading to the filing of this writ petition, may be summarized, as follow s: The petitioner venture school is situated under Mukalmua Educational Block withi n the District of Nalbari. As a venture school the petitioner school was selecte d in terms of the order dated 10.12.2005, issued by the Director, Elementary Edu cation, Assam for award of financial assistance. The petitioner venture school f ulfilled necessary preconditions for provincialisation and was getting financia l assistance since 2005 vide order dated 12.12.2005. It has been alleged by the petitioner that by depriving the school of the petiti oner in place of the petitioner another junior school, named, Krishna Guru Bidya jyoti Venture L.P. School, Bangalmur, District-Nalbari, respondent No.6 has bee n provided with financial assistance. It is further contended on behalf of the p etitioner that in the current budget session, financial assistance was sanctione d in the name of the petitioner’s school but the cheque in question, was wrongly given to the Krishna Guru Bidyajyoti Venture L.P. School, Bangalmur, District- Nalbari, Assam instead of petitioner’s school. Learned counsel for the petitioner further contended that the petitioner’s schoo l belongs to ST category and was established in the year 1992 and the Krishna Gu ru Bidyajyoti Venture L.P. School, Bangalmur, District-Nalbari, respondent No.6 belongs to General category and was established in the year 1993. This writ petition has been filed praying for release of financial assistance to the petitioner’s school instead of Krishna Guru Bidyajyoti Venture L.P. School, Bangalmur, District-Nalbari. Mr. P. Upadhyay, learned counsel appearing for the respondent No.6, Krishna Guru Bidyajyoti Venture L.P. School, Bangalmur, District-Nalbari, referring to the affidavit-in-opposition filed on behalf of the respondent No.6 has submitted tha t the respondent No.6 having come to know about the decision of the Government t o provide financial assistance to non-Government primary schools @ Rs.2000/- per month, the Managing Committee of the respondent school approached the concerned Department of the Government for getting financial assistance. Accordingly, not ification was issued by the Government. However, inadvertently, the name of the petitioner’s school was mentioned as Krishna Guru Bidyapith L.P. School. Accordi ngly, the respondent No.6 filed an application, dated 15.05.2006 before the Depu ty Inspector of Schools, Nalbari through the Block Elementary Education Officer for correction of the name of the school as Krishnaguru Bidyajyoti LP School ins tead of Krishnaguru Vidyapith LP School. After due verification of the matter, t he Deputy Inspector of School, Nalbari submitted a detailed report mentioning th erein that the Krishnaguru Vidyapith is not suitable at all for any financial as sistance and recommended the respondent No.6 for the financial assistance. It is stated by the learned counsel for the respondent No.6 that by taking advan tage of such mistake of the State respondents, the petitioner’s school had start ed to claim the amount of financial and also received some amount of financial a ssistance, which was, in fact, granted to the respondent No.6. On receipt of the detailed report of the Deputy Inspector of Schools, the Director of Elementary Education reported the matter to the Commissioner & Secretary to the Government of Assam, Education Department on 26.04.2007 proposing financial assistance to K rishna Guru Bidyajyoti Venture L.P. School. Since there was delay in taking necessary action for inclusion of the respondent No.6 for financial assistance, a writ petition being WP(C) No.2413 of 2007 was filed by the respondent No.6 school seeking a direction to include its name in t he list. This Court vide order dated 23.05.2007, directed the Commissioner & Sec retary, Education Department to consider the grievance of the respondent taking into account all the materials on record. In compliance to the Court’s direction, by a speaking order dated 30.06.2007, th e respondent No.1, upheld the claim of the respondent No.6 and directed the Dire ctor, Elementary Education, Assam to disburse the financial assistance to the re spondent No.6. Upon evaluation of the facts and circumstances of the case and upon hearing the rival contentions advanced on behalf of the respective parties, since the Govern ment has already taken a decision to extend financial assistance to the responde nt No.6, the petitioner’s school cannot be said to be the illegal and irregular beneficiary of the order issued by the Government in this regard. However, it is within the scheme of the Government to extend financial assistanc e to the venture schools to change the face of the elementary schools education sector in the State. As a matter of fact, the State respondents should rise to t he occasion to extend financial assistance to all those schools, which deserve t he financial assistance most. The petitioner’s school admittedly being such a school situated in a remote vill age of the District, can be said to deserving venture school for such financial assistance. However, when an expert body has selected respondent No.6 for financ ial assistance after due verification of such other requirements, the petitioner ’s school may not be entitled to any direction from this Court for financial ass istance, by cancelling the Government’s direction for financial assistance to th e respondent No.6. However, considering the facts and circumstances leading to the case, the petiti oner’s school, may, accordingly, submits appropriate representation before the a uthority concerned for such financial assistance as per the scheme of the govern ment. Needless to say that in the event of filing of such representation by the petitioner’s school for financial assistance, the State respondents shall consid er such representation in accordance with the scheme keeping in view of the obse rvation made by this Court in this regard. With the above observation and direction, this writ petition is disposed of.