Court No. - 5
Case :- WRIT - C No. - 39314 of 2018 Petitioner :- C/M Om Purva Madhyamik Vidyalaya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi Hon'ble Ajay Bhanot,J.
Heard Sri Arvind Dubey, learned counsel holding brief of Sri Vinay Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The petitioner has submitted a representation to the respondent no. 2 and 3 for withdrawal of recognition granted to the petitioner Institution. The petitioner was given temporary recognition as a primary school under the Uttar Pradesh Basic Education Act, 1972. The petitioner Institution was granted recognition under the Basic Education Act, 1972. Subsequently, an application was submitted by the petitioner for withdrawal of such recognition.
Learned counsel for the petitioner submits that no decision has been taken on the representation submitted by the petitioner. The only prayer of the petitioner is that his representation may be decided.
Sri Sanjay Chaturvedi, learned counsel for the respondents does not have any serious objection in this regard.
No useful purpose will be served by keeping the writ petition pending. The writ petition is being disposed of finally with the consent of the parties.
The matter is remitted back to the respondent no.5, District Basic Education Officer, District Ballia.
A mandamus is issued to the respondent no. 5 commanding him to decide the representation of the petitioner for withdrawal of the recognition of the Institution by a reasoned and speaking order in accordance with law within a period of two months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
It is clarified that the Court has not gone into the correctness of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to decide the claim of the petitioner in accordance with law after independent application of mind.
The writ petition is disposed of finally.
Order Date :- 30.11.2018 Dhananjai