- (1.) SHRI Narayan Shukla, J. The petitioner is an Educational Institution well recognised by the competent authority. It runs the High School and Intermediate Classes. High School Classes are well recognized. To upgrade the Institution to the Intermediate level the petitioner submitted an application to the opposite parties for granting recognition for running the Intermediate classes in Arts Group in Hindi, English, Sanskrit, Economics, Sociology and Political Science subjects alongwith the proof of deposit of a requisite fee of Rs. 10,000/- by way of Challan. Before dealing with the matter it would be relevant to have a look at a glance on the relevant provisions of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act ). The provisions for recognition of an Institution in any new subject or for a higher class are provided under Section 7-A of the Act, which are reproduced hereunder : 7-A. Recognition of an Institution in any new subject or for a higher class.- Notwithstanding anything contained in clause (4) of Section 7 - (a) the Board may, with the prior approval of the State Government, recognise an Institution in any new subject or group of subjects or for a higher class; (b) the Inspector may permit an Institution to open a new section in an existing class. "
(2.) THE under Section 9 of the Act the State Government has a supervisory power over the action of the Board of High School and Intermediates Education (hereinafter referred to as the Board), which is reproduced hereunder: "9. Powers of State Government.- (1) THE State Government shall have the right to address the Board with reference to any of the works conducted or done by the Board and to communicate to the Board its views on any matter with which the Board is concerned. (2) THE Board shall report to the State Government such action, if any, as it is proposed to take or has been taken upon its communication. (3) If the Board does not, within a reasonable time, take action to the satisfaction of the State Government the State Government may, after considering any explanation furnished or representation made by the Board, issue such directions consistent with this Act as it may think fit, and the Board shall comply with such directions. (4) Whenever, in the opinion of the State Government, it is necessary or expedient to take immediate action, it may, without making any reference to the Board under the foregoing provisions, pass such order or take such other action consistent with the provisions of this Act as it deems necessary, and in particular, may by such order modify or rescind or make any regulation in respect of any matter and shall forthwith inform the Board accordingly. (5) No action taken by the State Government under sub-section (4), shall be called in question. " The State Government has framed the Regulations and Chapter VII of the Regulations relates to the recognition of Institutions by the Board. Regulation 3 of the Chapter VII provides that in order to take recognition for High School and Intermediate the Institution has to submit an application on the prescribed proforma under the signatures of the Manager of the Institution and the form shall be submitted in the office of the District Inspector of Schools concerned till 31st December of the year prior to the year of which classes are to be started. List of the applications for recognition of the Institutions received by the District Inspector of Schools shall be forwarded to the Regional Secretary of the concerned Regional Office by the dates mentioned Regulation 3 (kha ). The form shall be supported with a Treasury Challan for rupees mentioned in Regulation 3 (ga) Regulation 4 (ka) provides that the District Inspector of Schools concerned shall submit its report till 15th March with its recommendation to the Secretary of the Regional Office. Regulation 4 (kha) provides that the District Inspector of Schools shall accept the forms only for those Institutions which are in consonance with the provisions of the Regulations, standards and conditions framed by the Board. Regulation 20-A provides that by 31st May of the each year all matters relating to recognition of the Institution shall be get disposed of by the Board. That facts of the case are that the petitioner submitted an application for recognition of Intermediate Classes on 13-12-2002 after completing all the formalities alongwith the Challan of the requisite fee. Thereafter by means of letter dated 1-8-2003 the State Government asked certain information from the Regional Secretary, Madhyamik Shiksha Parishad, U. P. Regional Office, Allahabad i. e. opposite party No. 3 on the matter of granting recognition to the petitioner's Institution. The opposite part No. 3 also provided all the information asked by the opposite party No. 1 but the opposite party No. 1 did not take any steps to grant approval under Section 9 (4) of the Act and ultimately the State Government took a decision to grant the approval to the petitioner's Institution through its letter dated 27th April, 2005 (Annexure No. 1 to the writ petition) in exercise of power provided under Section 9 (4) of the Act, but the dispute is that the said recognition has been granted to the petitioner's Institution with effect from the examination year 2007 while the petitioner has submitted its application in the month of December, 2002 for granting approval with effect from the examination year 2006. The petitioner submits that the action of the opposite party No. 1 in granting the recognition to the petitioner's Institution with effect from examination year 2007 is wholly, arbitrary, unjustified and unsustainable in the eye of law. A later dated 6th September, 2005 issued by the State Government in favour of Daya Nand Inter College, Indira Nagar, Lucknow has been brought on record by the petitioner as Annexure No. 2 the writ petition, which was earlier granted recognition from the examination year 2007, however, subsequently the same was modified and the recognition was granted from the examination year 2006. The petitioner submits that the petitioner's case is identical to the case of the said Daya Nand Inter College and thus the respondents action is wholly discriminatory as well.
(3.) BEING aggrieved with the order dated 27th April, 2005 issued by the State Government granting approval to the petitioner's Institution with effect from the examination year 2007 the petitioner preferred a writ petition No. 5041 (MS) of 2005 before this Hon'ble Court which was disposed of by this Hon'ble Court vide order dated 14-9-2005 with the direction to the competent authority to decide the petitioner's representation in accordance with law by passing a speaking and reasoned order. In pursuance of the aforesaid order of this Court the State Government had proceeded and decided the petitioner's matter of recognition on 26th October, 2005 which is impugned as Annexure No. 5 to the writ petition. The petitioner's request for granting recognition with effect from the examination year 2006 has been turned down by the State Government on the ground that the last date for submitting the examination forms with late payment fee was fixed as 21-9-2005, which has now expired and thus, since there is no chance to accept the examination forms, there is no reason to accept the petitioner's request to grant recognition with effect from the examination year 2006 in place of 2007. By deciding the petitioner's matter the State Government has also taken into consideration the fact that in pursuance of the petitioner's application dated 26-8-2005 the matter was placed before the Regional Recognition committee. Since some shortcomings were there, the recognition of the Institution was withheld. Thereafter the petitioner's Institution submitted a request to recognize it under Section 9 (4) of the Act, upon which a report from the Regional Office was obtained and there has been found shortage of one alternate room, one art room and two trained teachers, inspite of that after due consideration the State Government has granted it the recognition with effect from examination year 2007. According to the petitioner 120 students are studying in class 12 in its Institution. The list of the students has been placed on record as Annexure No. 9 to the writ petition. Intermediate examination is to be conduced by the Board in the month of March, 2006. The petitioner had already deposited the requisite fee of the aforesaid 120 students with the District Inspector of Schools within the time i. e. before 21-9- 2005. The petitioner has placed before this Court the orders of this Court passed in writ petition Nos. 4141 (MS) of 2004 and W. P. No. 4502 (MS) of 2004 (Annexed as Annexures-11 and 12 to the writ petition) in identical matters relating to the examination year 2005 in which this Court issued directions that the District Inspector of Schools concerned shall furnish the requisite examination forms to the petitioner's Institution for being filled up by the students who have taken admission in the petitioner's Institution in Class IX in 2003 and have opted for said subjects which were not earlier recognized in the said Institution and the Government Order dated 25-2-2004 was modified by this Court with the direction to allow and permit the students for the final examination of Intermediate for the examination year 2005. In view of the facts and circumstances stated here-in-above the petitioner sought the relief for issuing a writ of certiorari to quash the order impugned dated 26th October, 2005 passed by the State Government as well as to issue a writ of mandamus commanding the opposite parties to issue the examination forms to the petitioner for filling up of the same in order to enable the students for appearing in the Intermediate examination of the year 2006. Through the supplementary affidavit the petitioner has brought on record an order issued by the Additional Secretary, Secondary Education, Regional Office, Allahabad in which the Board has permitted the students of the Institution in question for the examination year 2006 while their matter for recognition is still under consideration before the Recognition Committee. The said action has been taken by the authority concerned in compliance of the order passed by this Court on 9-9-2005 in writ petition No. 5000 (MS) of 2005. The said judgment is also on record as Annexure No. 13 to the writ petition, whereby this Court issued a direction to the Recognition Committee of the Board to decide the controversy in accordance with law.;