Court No. - 42
Case :- WRIT - C No. - 9526 of 2021 Petitioner :- C/M Sri Vishnu Ji Sanskrit Uchchtar Madhyamik Vidyalaya And Another Respondent :- Sampurnanand Sanskrit University And 2 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.,Ved Byas Mishra
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Ved Byas Mishra, learned counsel for the respondent no. 1-University and perused the record.
Present petition has been filed challenging the impugned order dated 5.2.2021 passed by the respondent no. 1- Registrar, Sampurnanand Sanskrit University, Varanasi.
On 18.3.2021 following order was passed by this Court:
"Presently, the petitioners have failed to produce any documents which may establish that they were accorded recognition up to Uttar Madhyama. Learned counsel for the petitioners prays for time to supplement.
Include in the list of fresh cases of 12 April 2021."
On 27.8.2021 following order was passed by this Court:
"Shri Adarsh Singh, learned counsel for petitioners seeks and is granted a week's time to file supplementary affidavit.
As prayed, put up this matter on 10.9.2021, as fresh."
On 13.9.2021 following order was passed by this Court:
"The petitioners claim to have got recognition for running Uchchtar Madhyamik Classes from before the year 2000, when the Board had taken over. Further contention of the learned counsel for the petitioners is that even though the recognition was granted before 2000, the Uchchtar Madhyamik Classes started in the year 2007. It is further the case of the petitioners that the Registrar of the Sampurnanand Sanskrit University had written to the petitioners on 27.2.2007 that recognition was granted for the petitioners to run classes of Uchchtar Madhyamik in the year 1996-97. Still further it is the case of the petitioners that after 2007 students had also appeared in the examination of Uchchtar Madhyamik Classes and had been awarded certificates.
Learned counsel appearing for the University may produce the dispatch register by which the letter dated 27.2.2007 was issued by the Registrar and the Board may verify from its record as to whether the petitioner was granted recognition to run Uchchtar Madhyamik Classes in the year 1996-97.
Place this petition as fresh on 20.9.2021 before the appropriate Court.
Supplementary affidavit filed by the petitioners on 31.8.2021 be traced out and be placed on record."
Pursuant to the order dated 13.9.2021 Sri Ved Byas Mishra, learned counsel for the University has produced the original dispatch register of the University.
Learned counsel for the petitioner has filed a supplementary affidavit, paragraph 4 whereof is quoted as under:
"4. That the manager of the institution submitted a letter dated 27.2.2007 before the Registrar of the University with regard to issuing clarification pertaining to recognition of the institution in response to that the Registrar of the University issued a letter dated 27.2.2007 bearing letter no. G966/07 and mentioned therein that the institution is affiliated upto Uttar Madhyama since the year 1996 to 1997. The letter of the Registrar of the University has been annexed as annexure 3 to the writ petition."
By the impugned order, it was held that as per the University records it was found by the University that institution run the petitioner-Committee of Management was never certified by according approval upto Uttar Madhyama and that any recognition granted to the institution is not certified. It has been noticed in the order that at serial no. 966 of the dispatch register a letter received from the Manager of the institution has been recorded and there is no record that any letter was dispatched to the college by the University and that by any entry itself there is no proof of grant of any recognition.
Challenging the same, submission of learned counsel for the petitioner is that entire confusion regarding grant of recognition has been created due to mistake of the University in not including the name of the petitioner- Committee of Management in the list of institutions recognized upto Uttar Madhyama despite the fact that recognition to the institution upto Uttar Madhyama had already been certified vide order date 27.2.2007 annexed as Annexure 3 to the petition. Submission, therefore, is that the impugned order is liable to be quashed.
Per contra, Sri Ved Byas Mishra, learned counsel for the University, who has produced the original dispatch register, has submitted that in fact at serial no. 966 of the dispatch register a letter received from the Manager of the institution has been recorded and no letter sent by the University to the institution run by the petitioner is recorded. He thus contends that annexure 3 is a manipulated and forged document and in any view of the matter it cannot be treated to be a certificate of recognition granted to the institution run by the petitioner upto Uttar Madhyama.
I have considered the rival submissions and perused the records.
It was only after looking into the documents annexed with the petition including annexure 3 which is a photocopy of alleged letter dated 27.2.2007. This Court vide order dated 18.3.2021 had directed the petitioner-Committee of Management to produce any documents which may establish that they were accorded recognition upto Uttar madhyama. Along with the supplementary affidavit filed by the petitioner, no document has been annexed and in paragraph 4 of the supplementary affidavit as quoted above, only this much has been stated that the concerned recognition letter is annexure 3 to the petition.
It is needless to say that it is only on perusal of the said letter annexed as annexure 3 to the petition, this Court was not satisfied and had asked the petitioner to submit any document to establish that they were accorded recognition upto Uttar Madhyama.
On perusal of the dispatch register produced before this Court, I am of the opinion that petitioner has failed to establish his case that any recognition was granted to the institution run by the petitioner-Committee of Management upto Uttar Madhyama as the entry at Serial. 966 clearly reveals that it was about a letter received from the Manager of the Institute and was not of a dispatch of any document or even letter to the Institution in question.
Present petition is devoid of merit and is accordingly dismissed. No order as to costs.
Order Date :- 27.9.2021 Abhishek