- (1.) O. P. Jain, J. This writ petition has been filed for quashing the orders, Annexures 3 and 4, dated 27th September, 1993 and 28th October, 1993 respectively, passed by respondent No. 1.
(2.) THE petitioner is a registered Society which is running several institutions, mentioned in Annexure 2 to the writ petition. All the institu tions run by the petitioner are imparting education from primary classes to Junior High School classes. THE institutions recognised but not aided. It is stated by the petitioner that ever since the institutions were founded they have been conducting their own examination so far as classes upto VII are concerned. THE respondent conducts only the examination for Class VIII which is also known as Junior High School. THE respondent has, however, issued Circulars Annexures "3" and "4" by which it has been provided that the question-papers for class V will be prepared by the respondent and that a Block level one institution will be declared as the leading institution and the examination of class V will be conducted at that institution which is declared as such, for this purpose a fee of Rs. 2 per student will be charged. The contention on behalf of the petitioner is that the respondent has no power to conduct any examination other than the examination of class VIII (Junior High School) without express permission of the State Government. Before proceeding to deal with this contention a brief summary of Circular, Annexure '4' may be given. Annexure '4' shows that a list of leading institution, in each block, will be prepared by 31st March and that the examination papers for class Vth will be got prepared and printed as district level. The respondent will arrange for supply of question papers to the leading institutions. These question-papers will be moderated and printing will be done after maintaining secrecy. This circular also emphasises that there is necessity of constant appraisal for the whole year and, therefore, on the last working day of each month, a monthly examination shall take place. This circular also shows that some marks obtained in the monthly examination will be added in the marks obtained by the students in the annual examination.
(3.) I have heard Sri Dhrue Narain, learned Counsel for the petitioner and Sri I. S. Shukla for U. P. Basic Shiksha Parishad and have gone through the record. Powers of the respondents are derived from Uttar Pradesh Basic Education Act of 1972 (hereinafter called 'the Act') Section 4 (1) of the Act reads as under : "section 4 (1 ).-Subject to the provisions of this Act it shall be the function of the Board to organise, co- ordianate and control the imparting of basic education and teachers' training therefor, In the State, to raise the standards |and to relate it with the system of education as a whole in the State". The scheme framed by the respondent in Annexure "4" is to give effect to this co-ordinating role assigned to the respondent.;