N.K . Mehrotra - (1.) This is a petition for issuing a writ in the nature of certiorari quashing the Government Order dated 25-2-2004 declaring the same as ultra vires as contained in Annexure No. 1 to this writ petition and to issue a writ in the nature of mandamus commanding the opposite parties to allow the students who are studying in Class XII in the Institution in Amanya Varg (Science Subjects) to fill up their forms and further they may be allowed to appear in the Board examination conducted by Madhyamik Shiksha Parishad, Allahabad and to declare their results for the academic Session 2004-2005.
(2.) The learned Standing counsel instead of filing counter-affidavit has argued that there is no illegality in the Government policy as contained in the impugned Government Order and it has been issued to prevent violation of the provisions of Intermediate Education Act. At the same time the learned Standing counsel has pointed out that in Civil Misc. Writ Petition No. 25133 of 2004, Namrata Sharan v. The Secretary, Board of High School and Intermediate Education. U.P. Allahabad this Court of Allahabad has already issued directions to redress the grievance of the students like the students of the petitioner's college. The relevant portion of the judgment of this Court in Civil Misc. Writ Petition No. 25133 of 2004 is as follows : "Vide order dated 24th Feb., 2004 this Court while disposing of the Civil Misc. Writ Petition No. 34503, Ramesh Kumar and others v. Secretary, Board of High School and Intermediate Education, U.P., Allahabad and others and other connected writ petitions had passed the following order In view of this statement and also considering the entire facts and circumstances of the case, these writ petitions are disposed of with direction to the respondents to ensure that no students who has taken admission in an institution where the subject or group has not been recognised, is allowed to appear in the High School or the Intermediate examinations from the year 2005. Further, in order to check that the institutions in the State of U.P. do not dupe and mislead the innocent students and play with their future, every institution should be directed to prominently and permanently display the notice mentioning therein the groups and subjects for which the Madhyamik Shiksha Parishad, U.P. Allahabad has granted recognition and to admit the students only in such recognised groups and subject. Further, the concerned District Inspector of Schools should make periodical inspection of the institution to see that such notice is prominently and permanently displayed and admission of any student has not been made by the institution in any unrecognised subjects or groups." As the petitioner has taken admission in class XI in the institution of the respondent No. 3 in the year 2003 when the respondent No. 3 had already applied for grant of recognition of Arts and Home Science subjects, in order to mitigate the hardship of the genuine and bona fide students, the order dated 24th Feb., 2004 is modified and it is directed that all those students who had taken admission in Class IX and XI in the year 2003 in the subjects in which the Institution concerned has applied for grant of recognition and their application is pending, they shall be allowed to appear in the High School and Intermediate Examinations up to the year 2005. The order dated 24th Feb., 2004 is modified to the aforementioned extent. The writ petition is disposed of with the aforesaid observation. The petitioner shall be permitted to fill up the examination forms of Class XII conducted by the Madhyamik Shiksha Parishad, U.P., Allahabad in the Arts and Home Science subjects in which she is studying and has been granted admission in the year 2003. A further direction is issued to the Madhyamik Shiksha Parisad, U.P. Allahabad to consider all the pending applications of respondent No. 3 and all other institutions for grant of recognition to the subjects for the High School Intermediate classes expeditiously preferably within a period of three months in accordance with law."
(3.) The learned Standing counsel has submitted that the opposite parties have no objection if, this writ petition is disposed of accordingly.;