Allahabad High Court
Sobtis Public School vs State Of U.P. And 2 Others on 20 July, 2023
Bench: Mahesh Chandra Tripathi, Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:145125-DB
Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 499 of 2023
Appellant :- Sobtis Public School
Respondent :- State Of U.P. And 2 Others
Counsel for Appellant :- Ankit Saran
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
(Order on Civil Misc. Delay Condonation Application)
1. For the reasons stated in affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning delay in filing special appeal, the delay condonation application is allowed and the Special Appeal is treated to have been filed well within time. The office is directed to give regular number to the appeal.
(Order on Special Appeal)
2. Heard Sri Ankit Saran, learned counsel for the petitioner-appellant and learned Standing Counsel for the State-respondents.
3. Present Special Appeal is preferred questioning the validity of the impugned judgment and order dated 24.05.2023 passed in Writ C No.14990 of 2023 (Sobtis Public School vs. State of UP and 2 others), whereby learned Single Judge of this Court has proceeded to dismiss the writ petition.
4. The petitioner institution namely "Sobtis Public School, Green Park, Bisalpur Road, Bareilly" claims to be a minority institution and it is governed by a Society namely "Sobtis Welfare Society". The institution belongs to the members of the Sikh Community and the object of the Society is to provide quality education to the children belonging to Sikh Community. The petitioner has moved an application before the Principal Secretary, Department of Secondary Education, Government of U.P. Lucknow on 24.09.2022 for grant of no-objection certificate, which remained pending for more than 90 days and therefore, in view of Section 10 (3) of National Commission for Minority Educational Institutions Act, 2011, the petitioner applied before the Commission for Minority Educational Institutions, Government of India, New Delhi on 21.02.2023 for issuance of the aforesaid certificate, wherein notices were issued to the respondent authorities. By the order/notice dated 06.4.2023 the District Basic Education Officer, Bareilly had directed the petitioner to take admission of students selected under the Right to Education Act, 2009 for Academic Session 2023-24. The petitioner has also submitted a reply to the aforesaid notice on 07.04.2023 stating that the petitioner institution is not governed under the Right to Education Act, 2009, and therefore the notice is illegal and unsustainable. The aforesaid notice was challenged by the petitioner before this Court in Writ C No.14990 of 2023 and learned Single Judge has proceeded to dismiss the writ petition with the observation that from the pleadings it could not be established that the petitioner is a minority institution.
5. Learned counsel for the petitioner-appellant in this backdrop submits that the writ petition was filed assailing the validity of impugned notice dated 06.04.2023 issued by the District Basic Education Officer, Bareilly, whereby the petitioner's institution has been directed to take admissions of the students selected under the Right to Education Act, 2009 for academic Sessions 2023-2024. He submits that the petitioner's institution has already filed an objection to the said notice on 07.04.1012, wherein the claim has already been set up that the petitioner's institution is a minority institution. He further submits that inspite of issuing direction to the authority for taking a decision on the petitioner's objection, learned Single Judge has proceeded to dismiss the writ petition on the ground that nothing has been brought on record to substantiate that petitioner's institution is minority institution.
6. Per contra, learned Standing Counsel has opposed the appeal and submits that as per petitioner's own pleading, purported application was moved before the Principal Secretary, Department of Secondary Education, Government of U.P. Lucknow on 24.09.2022 to accord NOC and also claims that the institution moved an application before the Commission for Minority Educational Institutions, Government of India, New Delhi on 21.02.2023 for issuance of the certificate. In absence of any such certificate or status, they have challenged the impugned order with categorical averment that the petitioner institution is minority institution. Even in the appeal no substantial documents have been placed to indicate that the present institution is minority institution.
7. After substantial arguments once we decline to interfere with the order of learned Single Judge then learned counsel for the petitioner appellant states that leave may be accorded to the petitioner to file objection before the District Basic Education Officer, Bareilly, who may consider and decide the objection of the petitioner on merits.
8. Considering the facts and circumstances the present Special Appeal is disposed of with observation that in case the petitioner-appellant files an objection before the District Basic Education Officer, Bareilly within two weeks from today, the respondent no.2 would consider and decide the said objection on its merit expeditiously.
Order Date :- 20.7.2023
Jaswant
