Sunil Ambwani, J. - (1.) Heard learned Counsel for the petitioners and learned Standing Counsel.
(2.) Every year this Court is flooded with larger number of writ petitions filed on behalf of the Committee of Managements/ Principals and students of the recognised aided and unaided High School and Intermediate colleges, for allowing those students, who could not be registered in advance in Class IX and XI, with the Board of Secondary Education, U.P. as valid students for the High School (Class-X) and Intermediate (Class-XII) examination, in next academic session. Every year, this Court, on a plea of equity in law in favour of the students allows them to appear as regular candidates. In Inter College Kusmaul, Gorakhpur and another v. State of U.P. and others, (2006) 1 ESC. 472 (All) (DB) decided on 6.1.2006 the Division Bench of this Court considered this question for the year 2006, at great length and having considered the Regulations and administrative difficulties issued following directions to avoid the malpractices in para 64 of the judgment as follows: "In the entirety of the aforesaid submissions, this Court found it proper to issue the following directions to the respondents : (1) The appellants students whose registration forms were deposited in the office of the District Inspector of Schools on 20.7.2005 shall be allowed to appear in the Intermediate examination 2006 conducted by the U.P. Board of High School and Intermediate as regular candidates. (2) All such students, whose registration forms could not be submitted in the office of the District Inspector of Schools within the prescribed time as per Regulation 3 (C) of Chapter 12 of the Regulations due to non-availability of the forms, and if they had deposited such forms within one month from the date the forms were made available by the respective District Inspector of Schools, they shall also be allowed to appear as regular candidates in the examination 2006. (3) Although the relaxation which has been allowed by the Director of Education by determining different dates other than those prescribed under Regulation 3 (B) of Chapter 12 of the Regulations, is not correct, but since the students who have got the advantage thereof are not before us, they will remain unaffected from any observations made in this judgment since we do not propose to pass any- order causing prejudice to such students in their absence. (4) However, for the examination 2007 and onwards the respondents shall strictly adhere to the time schedule prescribed in Chapter 12 of the Regulations framed under the Intermediate Education Act, 1921 and the respondents and the Board of High School and Intermediate Education U.P. shall ensure the availability of the forms well in advance to all the recognised institutions. The respondents Board may also consider the probability of allowing the recognised institutions to get registration forms printed on their own or it may put a proforma of the prescribed form on the Internet and other Electronic or Printed Media so that there may not be any avoidable delay in submission of the forms due to non-availability thereof. (5) Any deviation or variance from the Regulation by any authorities, including the Director of Education should be dealt with strictly and if necessary requisite Departmental action may also be taken so that the statutory scheme may not be observed in violation with impunity by those who are under an obligation to obey and get it implemented. (6) The Secretary, Secondary Education is also directed to look into the matter as to how and in what circumstances the Director of Education issued various letters and directions inconsistent with the statutory provisions and if it is found that the same was a result of collateral or extraneous reason, suitable action will taken against the erring official as per law."
(3.) This year again a larger number of writ petitions have been filed by the Principals and the students of the colleges, who deposited the advance registration fees after the extended date i.e. Oct. 3rd 2006 for Class X and XII examinations to be held in 2008. Some of the writ petitions were dismissed on the ground that the Principals of these colleges cannot seek equity in law for students, when they themselves committed defaults in depositing the..fees beyond the last date announced by the Board.;