Allahabad High Court
C/M Shri Deep Narain Toofani Das ... vs State Of U.P. Thru. Addl. Chief ... on 4 August, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - C No. - 5049 of 2022
Petitioner :- C/M Shri Deep Narain Toofani Das Inter College,Semrahna,Nainiha,Bahraich Thru. Manager And Another
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Secondary Education, Lko. And 2 Others
Counsel for Petitioner :- Alok Kr. Misra
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
The present petition challenges the order dated 02.07.2022 (Annexure - 1) whereby a representation filed by the petitioner in terms of the directions given by this Court was rejected.
The facts, in brief, are that the petitioners claim to be running an institution which is an Intermediate College; the same was granted recognition on 28.04.2018. The petitioners have been granted recognition in respect of various subjects, however, the petitioners were desirous of starting NCC as a subject and in terms of the said moved an application with the U.P. Mandhyamik Shiksha Parishad in terms of the Government Order dated 07.04.2021. The said application was rejected, as such, the petitioner preferred a writ petition before this Court which was decided with direction to consider the application of the petitioners.
In the earlier round of rejection, the ground taken by the State was that the recognition was not permissible in view of Clause 11(?) in Chapter 7 of the U.P. Intermediate Education Act (for short 'the Act'), which provides for moving an application within one year of the grant of recognition. This Court in the judgment dated 13.05.2022 passed in Writ - C No.2517 of 2022 formed a view that 11(?) of Chapter 7 would not be applicable as NCC as the subject was introduced on 07.04.2021 and thus no application could be filed before the said subject was introduced.
On the representation made by the petitioners, and as directed by the Court to be decided, the impugned order has been passed stating that for applying for recognition of NCC as a subject, the petitioners are required to fulfill certain conditions. There is no finding in the order that the petitioners do not fulfill the said conditions. The only view that is recorded in the order is that the petitioners have not made any statement that they fulfill all qualifications, which are required for grant of recognition of NCC as a subject.
Learned counsel for the petitioners states that the petitioners possess all the requisite qualifications, which are required and the petitioners were never called upon to demonstrate that they possess all the qualifications which has resulted in passing of the order impugned.
It is well settled that the State with a view to promote education touching upon all spheres of human life introduced NCC as a subject for Class - 10th and 12th and for which a separate examination is also proposed for the academic session 2022-23. NCC by its very character intends to develop character, spirit of adventure and selfless service and aims to promote students who are organized, trained and motivated to serve the country. The stand taken by the respondents in rejecting the recognition application on the face of it is contrary to the policy of the State to promote NCC as a subject on the Class - 10th and 12th level.
The petitioners claim to be in possession of the requisite criterias and infrastructure for grant of affiliation and if anything falling short, the petitioners are ready to fulfill the same.
Considering the fact that this Court is of the view that the stand taken by the State is prima-facie contrary to the policy of the State in promoting NCC as a subject, the impugned order dated 02.07.2022 (Annexure - 1) cannot be sustained and is set aside with direction to the respondents to consider the claim of the petitioner treating the same to be within the time prescribed and after verification that the petitioners possess all the qualification. For the said purpose, the petitioners would be required to file a fresh representation alongwith a copy of this order before respondent no.2, who shall consider and decide the same within not more than three weeks from the date of filing of the representation.
It is again reiterated that the representation of the petitioners shall not be rejected on the grounds of 11(?) of Chapter 7 of the Act and also on the ground that the same is not within the time prescribed.
The petition is allowed in terms of the aforesaid order.
Order Date :- 4.8.2022
nishant
