Dilip Gupta, J. - (1.) Students of Class IX studying in the Vikas Uchchattar Madhyamik Vidhyalaya, Budhana, District Muzaffar Nagar (hereinafter referred to as the 'Institution') and the Committee of Management of the Institution have filed this petition for a direction upon the District Inspector of Schools, Muzaffar Nagar to issue the Registration Forms appearing of the High School Examination in the next academic session.
(2.) It is stated in the petition that pursuant to the letter sent by the District Inspector of Schools to the Principal of the Institution for depositing the prescribed fees and obtaining the Registration Forms for the students of Class IX, the.Principal of the Institution went to the office of the District Inspector of Schools and submitted an application dated 20th October, 2009 for obtaining the Registration Forms for the session 2009-10. It is further stated that another application dated 30th October, 2009 was also submitted in the office of the District Inspector of Schools for obtaining Registration Forms of the 228 Class IX students. However, the Registration Forms were not issued though all the formalities including depositing of fees of the students had been completed.
(3.) When the matter was taken up on 7th November, 2009 the Court directed the learned Standing Counsel to seek instruction and the matter was directed to be listed on 11th November, 2009. On 11th November, 2009, the District Inspector of Schools, Muzaffar Nagar appeared before the Court with the relevant records and informed the Court as to why the Registration Forms were not issued. The Court passed a detailed order on 11th November, 2009 which is as follows: "This petition has been filed by 228 students and the Committee of Management, Vikas Uchattar Madhyamik Vidhyalaya, Budhana, District Muzaffarnagar. The relief sought for by this petition is that the petitioner Nos. 1 to 228, who were alleged to be the registered students of the aforementioned college, were not being issued the registration forms (OMR Sheet) by the District Inspector of Schools, Muzaffarnagar, even though he had received the same from the Intermediate Education Board. This Court had passed a detailed order on 7.11.2009 directing the learned Standing Counsel to obtain instructions in the matter. Today Sri Kamta Ram Pal, District Inspector of Schools, Muzaffarnagar is present in the Court along with the relevant records. Sri R.P. Tiwari, learned Standing Counsel upon instructions received from him has informed the Court that the college initially applied for issue of 250 forms for the registration of Class IX students vide request dated 15.10.2009 and also deposited Rs. 5,000/- for such 250 students @ Rs. 20/- per student with the State Bank of India. Such request and the receipt of the deposit have been filed as Annexure- 5 to the writ petition. Subsequently the college made a request to the District I nspector of Schools vide letter dated 20.10.2009 to issue 228 forms in place of 250 forms for registration of Class IX students. This request has been filed as Annexure-3 to the writ petition. Today Sri Tiwari has placed before the Court an inquiry report made by the Principal of the Government Inter College, Muzaffarnagar who was directed to make physical verification with regard to the registration of the students in Classes, IX, X, XI & XII. The inspection was made on 15.10.2009. It was found that in Class IX only 37 students were registered in the college records and out of which only 9 were present. Further a note was made by the Principal of the Government Inter College that although the college in question has recognition only up to Class X but it was illegally continuing the Classes of XI & XII in the college. It was in these circumstances that the forms were not issued to the college on account of substantial inaccuracies found in the records of the college and also in the requests made by the college from time to time. Sri Tiwari has further stated upon instructions from the District Inspector of Schools, Muzaffarnagar that as and when the principal of the college approaches the District Inspector of Schools along with the students duly registered in the institution, he shall make available the necessary forms without any delay on the same day and get them filled up at the spot itself. The learned counsel for the petitioners states that the Principal of the College in question is likely to come within 24 hours. Put up this matter day after tomorrow i.e. 13.11.2009 in the additional cause list. On the said date the Principal as also the Manager of the College shall remain present before this Court along with the relevant records not only relating to Class IX registration but also Classes XI & XII." ;