JUDGEMENT
Rakesh Kumar Jain, J. -
(1.) THIS writ petition has been filed by as many as 155 petitioners, who have been served similar show cause notices. The show cause notices dated 15.7.2013 are in terms of the order passed by this Court in CWP No. 15225 of 2012. Learned counsel for the petitioners submits that the petitioners have also filed their respective replies to the show cause notices. It is submitted that since an undertaking has been given by the respondents in CWP No. 15225 of 2012 that the Schools which are being run unauthorisedly in the State of Haryana would be closed, therefore, their replies to the show cause notices may not be considered objectively. It is argued by the learned counsel that the schools are being run by the petitioners on the basis of provisional recognition which he tried to show from the order dated 08.6.2013 passed by the Director, Secondary Education, Haryana.
(2.) AFTER hearing learned counsel for the petitioners and perusing the record much -less the order passed by the Division Bench of this Court in CWP No. 15225 of 2012 on 22.3.2013, it is pertinent to mention here that this order was passed in P.I.L. in which it was brought to the notice of this Court that there are large number of schools operating unauthorisedly in the State of Haryana. The Finance Secretary cum Principal Secretary to Government of Haryana, School Education Department, filed her affidavit dated 22.3.2013 in which she stated that 1372 schools, running unauthorisedly have been identified. A statement was made that the department shall take strict action against those unauthorised schools as per norms. A direction was given that the entire process shall be completed within four months from the date of order and status report be placed on record on or before the next date of hearing. In pursuance thereof, the entire action has been taken which has agitated the petitioners to file the present writ petition. It is needless to mention that since no adverse order has been passed against the petitioners, therefore, the present writ petition only against the show cause notice, is not maintainable, especially when the replies have already been filed though the same have not been attached with the present writ petition.
(3.) THE anxiety of the petitioners is that the respondents may not consider even their respective replies before passing the impugned order as they have to comply with the order passed by a Division Bench of this Court on 22.3.2013. There is no doubt in my mind that while disposing of the show cause notices, the respondents shall take into consideration respective replies filed by the petitioners and then pass the order.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.