SHYAMA DEVI SMARAK INTER COLLEGE Vs. STATE OF U.P. THRU. SECR. MADHYAMIK SHIKSHA AND ORS.
LAWS(ALL)-2010-9-508
HIGH COURT OF ALLAHABAD
Decided on September 24,2010

Shyama Devi Smarak Inter College Appellant
VERSUS
State Of U.P. Thru. Secr. Madhyamik Shiksha And Ors. Respondents

JUDGEMENT

Shishir Kumar, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel.
(2.) BY means of this writ petition, petitioner has sought for issuance of a writ in the nature of mandamus commanding the respondents to give registration forms to the petitioner's Institution forthwith for registering the students of Class -XI admitted in the year 2009 whose fees has already been deposited on 1.10.2009 and 1.2.2010. Further, a writ of mandamus has been sought commanding the respondents to decide the petitioner's representation dated 21.1.2010, 1.2.2010 and 26.3.2010 in respect of issuance of advance registration forms in favour of the petitioner. It appears that earlier various writ petitions were filed on the ground that the application forms for registration of the students have not been supplied by the Board due to the fact that the registration fees have been deposited after the expiry of the last date i.e. 1st October, 2009. It appears that the Board of High School and Intermediate Education has made a condition, which mentions that for the purposes of Class -IX and XI at the time of admission a registration certificate has to be obtained from the Board after depositing requisite fees. For that purpose, a cut of date i.e. 1st October of every year has been fixed. In the present case, the petitioner has deposited the requisite fees and the details on 1.10.2009 and 1.2.2010 through treasury challan.
(3.) LEARNED Counsel for the petitioner has placed reliance upon a Judgment rendered by this Court on 2nd July, 2010 in Writ Petition No. 16404 of 2010 in which also the registration forms were not issued since the fees was deposited late on 6th October, 2009. The said Judgment is quoted below: Five Institutions, which are recognized under the provisions of the U.P. Intermediate Education Act, 1921, have filed this petition for a direction upon the respondent -Board of High School and Intermediate Education, U.P. (hereinafter referred to as the 'Board') to issue registration forms to the Institutions for the students of Classes IX and XI studying in the academic session 2009 -10.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.