D. S. Sinha, J. - (1.) HEARD Sri R. P. Goyal, learned counsel for the petitioner and Sri P. K. Basariya, learned Standing Counsel, appearing for the respondents, at length and in detail.
(2.) BEFORE an institution can be permitted to send up candidates for appearing in any of the examinations conducted by the Board of High School and Intermediate Education, U. P., Allahabad, hereinafter called the Board, the institution has got to be recognised by the Board under section 7 (4) of the U. P. Intermediate Education Act, 1921, hereinafter called the 'Act-' There is no material on record which may lead to the conclusion that Nagar Palika Balika Higher Secondary School, Vrindaban, Mathura was or has ever been recognised by the Board under section 7 (4) of the Act. In view of the absence of recognition of the said institution the interim relief prayed for cannot be granted. Apart from the fact that the institution is not recognised by the Board under section 7 (4) of the Act, the interim relief prayed for runs beyond the scope of the petition in as much as petition is direcred against an order passed by the State Government in exercise of its power under section 7-AA of the Act approving the institution for the purposes of grant of recognition by the Board with effect from the academic session of 1992. Approval by the State Government is sine qua non for grant of recognition to an institution by the Board. After approval the Board has still to pass an order recognising the institution. In the instant case there is no such recognition.
(3.) FOR the foregoing reasons, the Court is clearly of the opinion that this is not a fit case for the grant of interim relief prayed for by the petitioner. This application deserves to be rejected and it is so ordered. However, in view of the fact that the matter of approval and recognition is going to reflect on the career of 46 girls students admitted in Class XI of the institution in July, 1989, the petitioner is granted liberty to approach the Board for requisite recognition of the institution and permission to the said students to appear in the Intermediate examination of the year 1990-91- The Court trusts that in case such an approach is made the Board shall consider the request sympathetically.;