(Oral) (1) Heard learned counsel for the petitioners Shri Mahendra Bahadur Singh and learned Standing Counsel who appears on behalf of the State-respondents.
(2) The petitioners are aggrieved by the order dated 31.10.2014 by which the Representation made by the petitioners on 01.10.2014 has been rejected.
(3) Learned counsel for the petitioner has submitted that the petitioners' Institution was being initially run for Classes IXth and Xth in the year 1997. It was given recognition for Classes XI and XIIth by an order dated 13.06.2006 which has been filed as Annexure No.3 to the writ petition in Humanities subjects. Since the Institution wanted recognition in additional four subjects of Economics, Sociology, Education and Art in Classes XI and XIIth. It submitted an application on 31.08.2006 before District Inspector of Schools, Sultanpur and the petitioners also deposited fee for necessary grant of permission for additional four subjects amounting to Rs.10,000/- through a Challan dated 29.08.2006. Despite completion of all formalities no orders were passed on the application made by the petitioners. The petitioners repeatedly approached the opposite party no.3 in this regard, however, when nothing was done, they filed a Writ Petition No.5953 (M/S) of 2014 and this Court was pleased to dispose of the writ petition on 19.09.2014 directing the petitioners to make a Representation and the Secretary Madhyamik Shiksha Parishad was to decide the same.
(4) After the representation of the petitioners dated 01.10.2014 was submitted alongwith certified copy of the order dated 19.09.2014. The petitioners received the order dated 31.10.2014 (issued on 05.11.2014) passed by the Additional Secretary, Madhyamik Shiksha Parishad Office, Varanasi stating therein that when the application of the petitioners dated 31.08.2006 was received by the District Inspector of Schools (D.I.O.S.), Sultanpur, he submitted a report on 21.09.2006 and the said report was placed before the Recognition Committee and it took a decision on 10.01.2007 refusing to grant of recognition to additional four subjects on the ground that Home Science Laboratory had not been established of the required specification and the other rooms i.e. three in number were also not in conformity with the specified measurements. Additional ground taken was that the College had been given recognition in Humanities subjects for Intermediate Examination of 2008 and hence last two years results were not available at the time of decision taken on 10.01.2007. It was further mentioned in the order that the other conditions mentioned in the recognition order dated 13.06.2006 had also not been complied with.
(5) The order dated 31.10.2014 further stated that the application of the petitioners had been rejected on 28.03.2007 and intimation regarding the same was given to the petitioners and in the counter affidavit filed by the respondent, the order dated 28.03.2007 was not annexed, therefore, this Court passed an order on 18.03.2019 directing the State-respondents to file the copy of order dated 28.03.2007.
(6) A supplementary counter affidavit has been filed thereafter on 16.05.2019 wherein the order dated 28.03.2007 has been brought on record. The same facts have been mentioned in the order dated 31.10.2014 have been mentioned in the order dated 28.03.2007. It has further been submitted in the supplementary counter affidavit that recognition is granted under Chapter VII of the Regulations by the Recognition Committee constituted by the Madhyamik Shiksha Parishad and by a Government Order No.723/15-7-16-1 (08)/2009, dated 08.06.2017, an amendment has been made in the proceedings rules and provision has now been made to apply Online for obtaining recognition and District Inspector of Schools shall then examine and upload information for the Recognition Committee to pass appropriate order thereon. The Government Order dated 08.06.2017 has been filed as C.A.-2 to the supplementary counter affidavit.
(7) Learned counsel for the petitioners has submitted on the basis of the earlier recognition granted for Humanities subjects of Hindi, English, Sanskrit, History, Civics and Home Science that the conditions mentioned in the said recognition order with regard to infrastructure and teaching faculty have been fulfilled by the petitioners. Had they not been fulfilled, the respondents would not have waited for almost 8 years in informing that the earlier conditions mentioned in the recognition order dated 13.06.2006 had not been fulfilled. It has also been submitted that the special conditions mentioned in the recognition order dated 13.06.2006 clearly stated that the Parishad shall withdraw the recognition and initiate the proceedings for the same. In case it finds that the conditions mentioned in its recognition order are not fulfilled by the Institution. No such proceedings were undertaken by the Parishad for the past eight years.
(8) This Court having considered the submissions made in the writ petition and in the order impugned dated 31.10.2014 which is merely reiteration of the order dated 28.03.2007 passed earlier by the Recognition Committee, is of the considered opinion that in case the petitioner has fulfilled all necessary conditions for grant of recognition in Humanities subjects as per the earlier recognition order dated 13.06.2006, it shall file an Online Application mentioning all the details afresh in terms of the Government Order issued in this regard on 18.07.2017.
(9) If such an application is filed by the petitioner within a period of one week from today the same shall be considered by the Recognition Committee within a period of eight weeks thereafter.
(10) The orders impugned shall not come in the way of the grant of recognition of additional four subjects to be considered afresh by the opposite party no.3 after calling for a report from the District Inspector of Schools, Sultanpur, if the petitioners fulfill all statutory conditions otherwise.
(11) Writ petition stands disposed of.
Order Date :- 31.7.2019 PAL