- (1.) This order shall dispose of CWP Nos.22496 & 23004 of 2013, involving common questions of law and facts. However, to dictate orders, facts have been taken from CWP No.22496 of 2013 titled IKM Public School & others Vs. State of Haryana & others.
(2.) Challenge in the present writ petition is to the letters dated 24.09.2013 (Annexure P8 colly.) and 25.08.2013 (Annexure P9) whereby the Board addressed the abovesaid communications that the petitioner-schools were not having recognition/affiliation for the Secondary Examination for September, 2013-14 and for Sr.Secondary Examination also. Challenge is also laid to the cut off date of 10.04.2007, as mentioned in the list dated 21.02.2009 and further direction for inclusion of the name of the petitioner in the said list whereby the schools which were in existence before 31.03.2007 had submitted their application Forms II to the appropriate authority for grant of permanent recognition under the Haryana School Education Rules, 2003 (for short, the '2003 Rules') on or before 10.04.2007.
(3.) The plea of the petitioner is that they have earlier approached this Court for grant of permanent recognition by filing CWP No.9023 of 2010 titled J.P.Public School Vs. State of Haryana & others, in which the petitioner-Schools were arrayed as petitioners No.5, 7, 8 & 11. In the said case, vide order dated 15.12.2011 (Annexure P1), it was directed that till the matter regarding permanent recognition is resolved, there will be temporary recognition of the schools of the petitioners and reference was also made to the orders passed on 02.12.2011 in CWP No.16627 of 2011 titled Janta Senior Secondary School Vs. District Education, Jind & others and order dated 21.11.2011, passed in CWP No.11726 of 2011 titled St.Paul Convent Public High School, Hathin, District Palwal & others Vs. State of Haryana & others. In pursuance of the said order, the students of the petitioner-schools were allowed to continue to appear in the examinations and fill in the examination forms. Respondent No.3-Board of School Education, Haryana denied the question papers on the ground that they were not affiliated and since a large number of students were involved who were studying in Class 10 & Class 12, the present writ petition was filed. Reference was made to the communications addressed by the District Education Officer, wherein the case had been referred to the Education Department on account of non-fulfilment of the conditions laid down in the 2003 Rules and it was submitted that the schools have sent their applications for affiliation along with requisite fees and examination forms have been filled.;