Sudhir Agarwal, J. - (1.) THIS special appeal arises out of judgment dated 9th November, 2005 passed by the Hon'ble Single Judge in Civil Misc. Writ Petition No. 69645 of 2005, dismissing the writ petition following the judgment already rendered by the Hon'ble Single Judge in Civil Misc. Writ Petition No. 6612 of 2005, Abhibhavak Shikshak Sangh, Khalsa Inter College and another v. State of U. P. and others, decided on 26th October, 2005.
(2.) AT the outset, learned counsel for the appellants submitted that his writ petition has been wrongly dismissed relying on earlier judgment since the appellants have challenged not only the cut-off-date prescribed by the Director of Education vide order dated 20th September, 2005, but he has raised many other grounds but without considering the same, the Hon'ble Single Judge has dismissed the writ petition referring to the earlier judgment. In these circumstances, normally, this Court would have remanded the matter permitting the parties to raise all such issues before the Hon'ble Single Judge. However, the matter pertains to the carrer of hundreds of students who are likely to appear in the Intermediate Examination of 2006 and delay in disposal of the matter may cause serious and irreparable loss to the students. Therefore, in the interest of justice and since the respondents' counsel also agrees that the matter may be heard on merits allowing the parties to raise all such issues as permissible and raised in the writ petition, therefore, we ourselves proceeded to consider this appeal on merits permitting the appellants to raise all such issues which were raised in the writ petition but have not been considered by the Hon'ble Single Judge. In brief, the case of the appellants is that Inter College Kusmaul, Gorakhpur is a recognized educational institution, (hereinafter referred to as the 'College') under the Intermediate Education Act, 1921. The High School and Intermediate level examinations are recognized by the U. P. Board of High School and Intermediate Education, (hereinafter referred to as the 'Board') and the college is approved to provide education in science groups upto High School level and Arts group upto Intermediate level. For the purpose of maintaining standard of education in the college and also purity in academic work, the Board has also framed regulations in exercise of its powers under Section 15 of the Act, 1921. In accordance with the provisions contained in Chapter XII of the Regulations, the registration of the 9th class students who are to appear in 2006 examinations of High School was made by the College since the prescribed forms were made available by the respondents well within time. However, for XIth students, although the college made all preparations and the students had also deposited registration fee with the college, but the registration forms were not made available by the respondents to the college and, therefore, the registration of the XIth class students aspiring to appear in 2006 examination could not be made in time as prescribed in Regulations. The appellants sent several applications to District Inspector of Schools requesting for providing registration forms but failed. The appellants have placed on record the copies of two applications dated 27th May, 2005 and 5th July, 2005, requesting the District Inspector of Schools that the registration forms are not available for Class XI, although 383 (385) students are regularly studying in the college and, therefore, the college requested the District Inspector of Schools to make available the requisite number of forms without further delay. It is also stated that the registration fees of 383 students was deposited in Government Treasury, Gorakhpur on 12th May, 2005. The appellants also pointed out that scarcity of forms and non-availability thereof in time was highlighted by the Principals' Association of Gorakhpur vide their representation dated 25th January, 2005, requesting that the forms should be made available at the earliest. Inspite of that, registration forms could be made available only in July, 2005.
(3.) THE District Inspector of Schools could make the requisite forms available on 8th July, 2005, whereafter the college filled up and deposited 358 forms in the office of the District Inspector of Schools, Gorakhpur, on 20th July, 2005. It is also said that the District Inspector of Schools issued a general notice dated 6th August, 2005 mentioning that the students of all secindary colleges of district Gorakhpur who have to appear in High Schools and Intermediate Examinations, 2006 should submit registration forms by 15th August, 2005, failing which the responsibility shall lie upon the Heads of the Institutions. The appellants submit that for delay in submission of the registration forms, neither the students nor the college was responsible and it is only on account of the non-availability of the forms with the respondents, the same could not be submitted in time as prescribed in the regulations.;