Court No. - 10
Case :- WRIT - C No. - 11939 of 2021 Petitioner :- C/M Delhi Public Secondary School And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Jay Ram Pandey
Hon'ble Siddhartha Varma,J.
The petitioner is a Committee of Management of the Institution known as Delhi Public Secondary School, Dhaurupur, Bharuhana, District - Mirzapur.
The institution was recognized to run classes from 1 to 8 under order dated 21.10.2019 passed by the District Basic Education Officer.
When the petitioner desired to run classes from 9 to 12 under affiliation of the Central Board of Secondary Education, it made a request on 28.12.2019 and 6.2.2020 to the State Government which had to provide the required No Objection Certificate (hereinafter referred to as "NOC"). This request was sent through the Director of Education. In the mean time, the District Inspector of Schools provided the NOC on 21.3.2020. However, when on 25.3.2021, the earlier order dated 21.3.2020 was recalled and pursuant to the order dated 25.3.2021 of District Inspector of Schools the Additional Commissioner on 3.4.2021 issued a Show Cause Notice, the instant writ petition was filed.
Contention of the learned counsel for the petitioner is that when the District Inspector of Schools had once granted the NOC on 21.3.2020 then the same could not have been recalled without finding any fault with the petitioner's institution. He submits further that the impugned order was passed without affording any opportunity of hearing.
Learned Standing Counsel upon taking instructions has informed that as per a Government order dated 14.7.2009, the NOC which had to be granted by the State Government to any particular institution for having an affiliation under the CBSE/ICSE had to be granted by a Committee comprising the Commissioner of the Mandal, District Magistrate of the District, Joint Direction of Education of the concerned Mandal and the District Inspector of Schools of the District.
Since the petitioner, it has been informed, had yet not got any NOC from the Committee as was envisaged in the Government Order dated 14.7.2009 the District Inspector of Schools was well within his jurisdiction to have recalled the order dated 25.3.2021.
Learned Standing Counsel has also submitted that the petitioner's application for getting the required NOC from the Committee was still pending before the Joint Director of Education since 28.12.2019.
Learned Standing Counsel, therefore, submits that there is no illegality at all in the impugned order.
Upon going through the instructions learned counsel for the petitioner submitted that no useful purpose would be served by challenging the order of the District Inspector of Schools. Instead he prayed that a direction be issued to the Joint Director of Education to forward his application for the NOC to the Committee which may under the Government Order dated 14.7.2009 decide the petitioner's case within a stipulated period of time and, thereafter, affiliation be provided..
Under such circumstances, a direction is being issued to the Director of Education to forward the petitioner's application dated 28.12.2019 to the Committee comprising the Commissioner, the District Magistrate, the Joint Director of Education and the District Inspector of Schools. It is further directed that the Committee under the Government Order dated 14.7.2009 would take a decision with regard to the providing of the NOC to the petitioner within a month from the date of receiving of the communication of the Joint Director of Education.
With these observations, the writ petition is disposed of.
For a period of two months or till the decision is taken by the Committee whichever is earlier, education which is being imparted by the petitioner's college may not be disturbed.
Order Date :- 13.8.2021 PK (Siddhartha Varma,J.)