Allahabad High Court
C/M Janta Inter College And Another vs State Of Up And 3 Others on 1 October, 2024
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:160690
Court No. - 34
Case :- WRIT - C No. - 33028 of 2024
Petitioner :- C/M Janta Inter College And Another
Respondent :- State Of Up And 3 Others
Counsel for Petitioner :- Aalok Singh,Bheem Singh
Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State.
2. With the consent of learned counsel for the petitioners and learned Standing Counsel for the State, the present writ petition is being decided at the admission stage itself.
3. Learned counsel for the petitioners has submitted that the present writ petition has been preferred for quashing of the impugned order dated 20.07.2024 passed by the respondent no. 2 i.e. Secretary, Uttar Pradesh Madhyamik Shiksha Parishad, Prayagraj, whereby the grant of recognition for running the intermediate Classes i.e. 11th & 12th in Kala Varg under the Self Finance Scheme has been rejected.
4. It is further submitted that the reason assigned for refusing the approval for grant of recognition is that the District Inspector of Schools, Hapur (hereinafter referred to as 'DIOS') had not submitted the inspection, recommendation/non-recommendation report before the Board on the date of meeting fixed for consideration of grant of recognition.
5. It is further submitted that it is not the ground for denial of approval for grant of recognition for running the intermediate classes that there was any fault on the part of the petitioner-institution i.e. the petitioner-institution had submitted the application beyond time or there were deficiencies in the application of the petitioner institution.
6. It is further submitted that for the fault of the DIOS, the petitioner could not be made sufferer. It was fault on the part of the DIOS as admitted in the impugned order itself.
7. Learned Standing Counsel has submitted that the Board has to decide all the applications latest by 30.11.2022 and in the case of the petitioners, the DIOS had uploaded the District Three Member Inspection Committee report on the website of the Board on 20.08.2022 but the DIOS had never provided the hard copy of the Inspection report in the Board Office at Meerut due to which the case of the petitioners' institution could not be placed before the Committee and in absence of the documents the consideration has rightly been rejected.
8. After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in the present case is that the petitioner no. 1 is the Committee of Management of the Janta Inter College, Gohra, Alamgeerpur, District Hapur and the petitioners' institution had applied for grant of recognition for running the intermediate classes before the Board. When no action was taken by the Board, the petitioners had approached this Court by filing Writ C No. 41583 of 2023 (C/M Janta Inter College, Gohra, Alamgeerpur, District Hapur through its Manager and Anr. vs. State of U.P. and Ors.). The said writ petition was finally disposed of by judgment and order dated 16.1.2024 with a direction to the Board to take decision on the representation of the petitioners and before passing a final order, if the authority finds any deficiency in the institution, the same shall be intimated to the petitioners and reasonable time shall be granted to the petitioners to remove such deficiency.
9. The petitioners were never ever intimated about any deficiency and recognition has been denied due to the fault of the DIOS.
10. From perusal of the impugned order, it is clear that the DIOS had never provided the hard copy of the inspection report conducted by the three member District Enquiry Committee in the Office of the Board at Meerut and the same was not before the Board on the date of meeting considering the application for grant of recognition and it has specifically mentioned in the impugned order that due to non availability of the report, the application of the petitioners was not considered as it was not entertainable. The impugned order neither indicate any deficiency in the application preferred by the petitioners nor the petitioners were ever informed about the deficiency in compliance of the judgment and order dated 16.01.2024 passed by this Court. The petitioners cannot be made sufferer because of inaction on the part of the DIOS in not providing the hard copy of inspection report.
11. In view of the facts, circumstances and discussion made hereinabove, the present writ petition is allowed.
12. The impugned order dated 20.07.2024 passed by the Respondent No. 2 i.e. Secretary, Uttar Pradesh Madhyamik Shiksha Parishad, Prayagraj is hereby quashed.
13. The Respondent No. 2 is directed to consider the application for grant of recognition after summoning the hard copy from the DIOS, Hapur and pass appropriate orders keeping in mind the earlier judgment and order of this Court dated 06.01.2024, within a period of two months from the date of production/receipt of certified copy of this order.
Order Date :- 1.10.2024
S. Kumar
