WP(C) 2778/2009 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner’s grievance pertains to a decision contained in the order dated 1 6.06.2007 of the Commissioner and Secretary to the Govt. of Assam, Education (El ementary) Department deferring its claim for financial assistance for future on the grounds as enumerated therein. I have heard Mr. N. Dhar, learned counsel for the petitioner and Mr. M.K. Mishra , learned Standing Counsel, Education Department, Assam for the official respond ents. Briefly, stated the petitioner’s pleaded case is that it is a venture school est ablished on 01.04.1981 in the district of Karimganj No.5, Badarpur L.A. constitu ency and in terms of the relevant policy is entitled for grant of financial assi stance contemplated for non-government educational institutions of the State. Ha ving been deprived thereof, vide order 12.12.2005 of the Joint Secretary to the Govt. of Assam, Education Department, it had approached this Court earlier with WP(C) No.2331/2006 which was disposed of on 14.06.2006 requiring the Joint Secre tary to the Govt. of Assam Education Department to take up its case for consider ation in terms of the existing policy/guidelines. The principal grievance of th e petitioner registered in the earlier proceeding was that though in terms of th e policy, seniority of the schools to be reckoned by the date of their establish ment was to be the chief criteria for selection, the same vis-à-vis it had been overlooked. As by the impugned order dated 16.06.2007 the petitioner’s claim ha s not been entertained but deferred, it is again before this Court seeking redre ss. Mr. Dhar, mounting his challenge on the impugned order has argued that it would be apparent therefrom that the petitioner’s school was senior judged by the date of establishment in comparison to the other schools referred to therein. Furth er the enrolment of students in the petitioner’s school was in the vicinity of S ugergool L.P. School and Jaiforpur Haji Najib Ali L.P. School. According to Mr. Dhar, in terms of the report of the jurisdictional Inspector of Schools, the pe rformance of the petitioner’s school was satisfactory enough to entitle it to th e financial assistance. As the impugned order had been passed in gross disregar d to these relevant factors, its interference is sought for. The learned counsel has also drawn the attention of this Court to a fresh compil ation dated 05.04.2008 drawn up by the Block Elementary Education Officer, Badar pur to contend that the petitioner’s school having been placed at Sl. No.1 in th e list of institutions adjudged to be entitled to the financial assistance, an a ppropriate direction ought to be issued to the State respondents to make availab le the same to it forthwith. Mr. Mishra, learned Standing Counsel, Education Department, Assam however has ur ged that as the claim of the petitioner like any other similarly situated ventur e/non-governed institution of the State for financial assistance has to be as on date examined in terms of the prevalent set of norms dated 12.01.2011 circulate d under the hand of the Deputy Secretary to the Govt. of Assam Education (Elemen tary) Department, a direction as sought for ought not to be issued by this Court . Upon hearing the learned counsel for the parties and on a consideration of the p leadings available as well as the documents appended to the writ petition, this petition is closed with the following directions:- (1) The Commissioner & Secretary to the Govt. of Assam (Elementary) Department would in consultation with the Block Elementary Education Officer, Badarpur and the compilation dated 05.04.2008 would take an appropriate decision with regard to the issue of grant of financial assistance to the petitioner’s school. Thoug h much emphasis has been laid by Mr. Dhar on the reports dated 17.04.1990 and 31 .08.2003 of the Sup-Inspector of Schools, Badarpur and Block Elementary Educatio n Officer, Badarpur respectively bearing on the satisfactory performance of the petitioner’s school, the authority hereinabove would examine this aspect of the matter in particular alongwith the other norms relevant for the purpose while ta king a decision. (2) The Commissioner & Secretary to the Govt. of Assam (Elementary) Department would also examine the relevance and applicability of the said norms/guidelines dated 12.01.2010 referred to hereinabove while recording a decision on the petit ioner’s entitlement for financial assistance. (3) As the petitioner waits in expectation for the relief as above, the exercise as ordered should be complete within a period of 6(six) weeks from the date of receipt of the certified copy of this order. The petition stands disposed in the above terms. No costs.