- (1.) ARUN Tandon, J. Heard learned Counsel for the parties.
(2.) PETITIONER, Mahaveer Singh, who claims to be the Manager of Committee of Management of Janta Inter College, Nimapati, Saidpur Bulandshahr, has filed this writ petition for quashing the order dated 28th December, 2006 passed by the State Government, wherein the State Government has refused to grant permission to the students admitted by the petitioner for appearing in the Intermediate Examination (Class-XII) conducted by the Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad in the year 2007. Facts : Petitioner's institution was initially recognised upto High School Level by the Madhyamik Shiksha Parishad. On 30th December, 2004 petitioner's institution made an application for being recognised upto Intermediate Classes. Application of the petitioner was processed by the Madhyamik Shiksha Parishad and it was only on 30th July, 2006, recognition was granted to the petitioner's institution under Section 7-AA of the Intermediate Education Act, 1921 for starting Intermediate Classes also. It was provided that students would be entitled to appear in the Intermediate Examination (Class XII) conducted by the Madhyamik Shiksha Parishad in the year 2008. Not being satisfied with the conditions so incorporated, the petitioners' institution made an application for permission being granted for the students already admitted in the institution in Class XI in 2005-06 being permitted to appear in the Intermediate Examinations of the year 2007.
(3.) SINCE the application of the petitioner was not being processed, petitioner approached this Court, by means of Civil Misc. Writ Petition No. 52555 of 2006. The writ petition was disposed of vide judgment and order dated 20th September, 2006 with a direction that the request made by the petitioner as noticed herein above, may be considered by the authority concerned within one month. The State Government, being the competent authority, under the impugned order has rejected the request made by the institution. This order of the State Government dated 28th December, 2006 is being challenged on the ground that in respect of similarly situate institution, namely, Sri Ram Krishan Kanya Inter College, Bulandshahr the State Government had amended the terms and conditions for grant of recognition under Section 7-AA and the students admitted by the said institution prior to grant of recognition have been permitted to appear in the Intermediate Examination (Class XII) in the year following the date of which recognition was granted. Therefore, petitioner claims parity. It is further submitted that the petitioner had applied for recognition being granted in the year 2004-05 and therefore, delay in grant of recognition is squarely upon the Madhyamik Shiksha Parishad/state Government for which students cannot be penalized.;