Court No. - 54
Case :- WRIT - C No. - 38705 of 2019 Petitioner :- C/M Shri Chandra Jan Kalyan Samiti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sukesh Kumar,Surya Nath Yadav Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
Hon'ble Rajiv Joshi,J.
Learned counsel for the petitioners is permitted to implead Regional Recognition Committee, Agra as respondent no.4.
Heard Sri Sukesh Kumar, learned counsel for the petitioners, learned Standing Counsel for the State and Sri Ram Bilas Yadav, learned counsel for the respondent no.3.
This writ petition has been filed for issuance of certiorari for quashing the impugned order dated 24.08.2019 passed by the respondent no.3 as Letter No. 9203-04/2019-20. Further prayer has been made for the issuance of writ of mandamus directing the respondent no.3 to consider the recognition of the institution for pre-primary to class 8.
The facts of the case are that petitioner no.1, a registered society under the Societies Registration Act moved an application for recognition of Non-Government Nursery/Primary/Junior High School for English Medium School on 10.07.2018, on which the report was submitted by District Inspector of Schools in his favour on 20.09.2018 recommending the petitioner's institution for recognition. Subsequently, the Executive Engineer, Public Works Department a report in favour of the petitioner. No objection certificate have also been issued by Chief Fire Officer, Agra in favour of petitioner's society. District Basic Education Officer, Agra vide impugned order dated 24.8.2019 informed the petitioner that the matter was placed before the Regional Recognition Committee, Agra and a decision has been taken to the effect that since there was some objection regarding recognition of petitioner's society and therefore, his application for rejection is rejected.
The order impugned does not include any reason on what ground the application has been rejected. If the objection has been filed by some other persons against the recognition, it should have been considered by the Regional Recognition Committee.
In view of the above, the order impugned dated 24.8.2019 passed by District Basic Education Officer, Agra is quashed. A direction is issued to Regional Recognition Committee, Agra to consider the petitioner's application dated 3.7.2019 for recognition and also consider the objection raised by some other persons against its recognition and decide the matter within a period of six weeks from the date of production of certified copy of this order by speaking and reasoned order, in accordance with law.
The writ petition stands allowed.
Order Date :- 28.11.2019 Noman