Allahabad High Court
Gurukul Academy, Gola ... vs State Of U.P. Thru. Addl. Chief ... on 8 July, 2019
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 237 of 2019
Appellant :- Gurukul Academy, Gola Gokarannath, Thru. Manager & Anr.
Respondent :- State Of U.P. Thru. Addl. Chief Secy., Basic Education & Ors
Counsel for Appellant :- Alok Kr. Misra
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
It has been reported that the present special appeal is beyond time by 9 days and, therefore, an application for condonation of delay accompanying an affidavit in support thereof has been filed to condone the delay.
On due consideration, the delay of 9 days in filing the above special appeal is condoned. Accordingly, Civil Misc. Application No.70551 of 2019 (for condonation of delay) is allowed and the special appeal is heard on merits.
Heard Shri Alok Kumar Misra, learned counsel for the appellants and Shri Sandeep Kumar Yadav, learned counsel for the respondent.
By the order dated 30.03.2019, the functioning of the appellants-Institution has been stopped by the B.S.A. On account of an inquiry held in pursuance to a complaint in which it has been found that the appellant-Institution does not fulfill the norms prescribed under the Right of Children to Free and Compulsory Education Act, 2009 (for short, the Act of 2009) and as cancellation of the Institution's recognition is under progressed.
The appellants challenged the aforesaid order by way of filing a Writ Petition No.11278 of 2019 (MS) - Gurukul Academy, Gola Gorakhnath vs. State of U.P. & Ors., on the ground that under the temporary recognition for running classes upto Class-VIII with effect from 01.04.2016 to 31.03.2019 under Section 15(4) of the Act of 2009.
One of the condition for such provisional recognition was that the recognition was not extendable. During the period of provisional recognition, an inspection was made and during the inspection, various deficiencies were found in terms of the Act of 2009 and accordingly notice was issued and after considering the reply, the order impugned in the writ petition was passed.
Learned writ court considering the facts that the provisional recognition granted to the Institution was not extendable and expired on 31.03.2019 and, therefore, the writ court granted liberty to the appellants to apply a fresh for grant of provisional recognition, as per law. This order has been impugned in this special appeal.
Learned counsel for the appellants has drawn our attention to the Government Order issued on 11.01.2019 and submitted that as per the Sub-clause 1 of Clause 11 of the said order and submitted that once the recognition has been granted then if any deficiency was found in the Institution, then one year's time be granted to rectify all those deficiencies. Here, in the present case, no time was granted and, therefore, learned counsel for the appellants submitted that the impugned order be quashed or the appellants be granted liberty to apply for grant of permanent recognition.
The aforesaid Government Order and its particular clause will be applicable if the recognition was granted prior to coming into force of the Act of 2009.
In the present case, the recognition of the appellants was granted in the year 2016, therefore, the same is not applicable.
Considering the aforesaid facts and circumstances of the case, no case is made out to interfere in the impugned order passed by the learned writ court. There is no merits in this appeal is accordingly, it is dismissed.
.
[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.]
Order Date :- 8.7.2019
Rakesh/-
