Arun Tandon, J. - (1.) Heard Sri M.P. Srivastava on behalf of the petitioner and Standing Counsel on behalf of the respondents.
(2.) Jai Narain Pratap Narain Higher Secondary School, Anand Bihar, Naubasta, Kanpur is an institution which was originally recognized up to High School level. It is claimed that the State Government, in exercise of powers Under Section 9(4) of the Intermediate Education Act, granted recognition to the institution for Intermediate Examination to be conducted by the Madhyamik Shiksha Parishad, U.P., Allahabad vide letter dated 28-12-2001. In pursuance of the said recognition, the management claims to have admitted number of regular students for the Intermediate examination to be conducted by the Madhyamik Shiksha Parishad in the year 2004. However, the regular students so admitted in the institution were not permitted to appear in the High School and Intermediate Examination of 2004 on the ground that the institution itself was de-recognized by means of an order dated 30th May, 1972 passed by the Director of Education. Hence present writ petition.
(3.) It is claimed that against the order dated 30th May, 1972 the petitioner had filed an original suit, being Original Suit No. 123 of 1972 and in the said suit plaintiff was also granted a temporary injunction restraining the respondents from enforcing the order of dc-recognition. It is further claimed that because of the said interim injunction the institution has been regularly admitting the students in High School and Inseminate Examination and said students have also been permitted to undertake the examination conducted the Madhyamik Shiksha Parishad. It appears that the said suit filed by the plaintiff was dismissed in default. Feeling aggrieved by the judgment and decree of the trial Court, the management of the institution filed a civil appeal, which was numbered as Misc. Appeal No. 312 of 2000. The appeal has finally been decided by means of the judgment and order dated 16-2-2004. The appeal filed by the plaintiff has been allowed and the order of De-cognitions has been set aside. However, the Appellate Court has provided that it shall be open to respondent authorities to pass a fresh order of derecognition after affording opportunity of hearing to the plaintiff institution.;