WP(C) 2862/2008 BEFORE HON’BLE MR JUSTICE AMITAVA ROY The principal grievance registered is against denial of financial assist ance to the petitioner School in terms of the Government policy promulgated th erefor. Heard Mr A.Khan , learned counsel for the petitioner and Mr Pathak, lea rned Standing counsel, Education Department for the official respondents. The petitioner’s school is located in the district of Cachar , A ssam. It has in clear terms disclosed the date of its establishment contendi ng inter-alia that from time to time the concerned authorities of the Education Department of the State have been conducting inspection of the institution. Furt her, though under the aforementioned policy, needy venture Lower Primary Schools have been decided to be extended financial assistance, the petitioner school t hough senior in terms of the date of its establishment, has been left out and financial grant has been sanctioned to schools established after it and inferio r in the measure of performance. On the said pleadings, the petitioner has pra yed for a writ of mandamus directing the respondents authorities to provide fina ncial assistance to it as per the policy and criteria prescribed therein. Mr Pathak, learned Standing counsel, Education Department apprises this Court that the process for provincialisation of the schools in the State , as a matter of policy has been kept in abeyance. He however, fairly submitted that in the face of the Government policy and the parameters contained therein for de termining the eligible educational institutions to be entitled to the financial assistance comprehended therein, the respondent authorities are obliged in law t o conform to the same. Confronted with this, Mr Khan , learned counsel for the petitioner submi ts that this petition be closed with a direction to the respondents to consider the petitioner’s case for financial assistance in terms of the extant notificat ion. I have extended my consideration to the rival submissions and the materi als available on record. This Court amongst others in W.P.(C) No. 4278/2004, All Assam Recognized Middle English Teachers Association versus the State of Assam, and others, while exhaustively dwelling on the Cabinet Memorandum dated 9-6-200 5 engrafting the policy to provide financial grant to educational institutions a nd the criteria adopted therefor had ruled that the selection of such institutio ns would be primarily on the basis of seniority as per the date of recognition/c oncurrence as applicable deviation wherefrom would be permissible in respect of institutions with disadvantageous locations like border areas, char areas, tea a nd ex-tea garden areas, areas predominated by weaker sections of the society lik e SC, ST, OBC and minorities, where in the opinion of the Government, there is a n urgent need to set up educational institutions. Relaxation on this count may a lso be considered keeping in view the specific need for girls education in some areas. Performance of the educational institutions and their enrolments shall al so be taken into account into in selection of the schools for financial assistan ce. This Court, however, made recording of reasons to be obligatory in case of f lexing of the fundamental criteria of seniority in the above eventualities. Inci dentally, a Division Bench of this Court has also upheld the said determination. In the above factual premise there is no escape from the conclusion that for ascertaining an educational institution to be eligible for the financial gr ant, the primary touchstone would be that of seniority thereof determinable by t he date of its establishment/recognition/concurrence, as the case may be and tha t relaxation thereof on any other consideration , can be resorted to for reasons to be recorded. In the above view of the matter, I consider it to be in the interest of justice to close this petition with the direction to the state respondents, more particularly, the Commissioner and Secretary, Government of Assam, Educatio n Department(Elementary) and Director of Elementary Education, Assam to cause im mediate steps to examine the petitioner’s claim in the touchstone of the extant Government policy and if on such scrutiny, it is found to satisfy the condition s of eligibility mentioned therein, they would take appropriate decision(s) to r edress its grievance in accordance with law. This exercise as ordered above s hould be completed within a period of 6(six) weeks, from the date of receipt of the certified copy of this order. The prayer for issuing a mandamus for provinci alisation of the petitioner’s school is declined. No costs.