Court No. - 7 Case :- WRIT - C No. - 24406 of 2019 Petitioner :- C/M Uchchatar Madhyamik Vidyalaya And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Samarath Singh,Hritudhwaj Pratap Sahi,Sankalp Narain Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Hritudhwaj Pratap Sahi, learned counsel for the petitioners contends, that the students strength has dwindled to the extent that it is not possible to run the institution. The petitioners have made a representation, to the respondent no. 2, for withdrawal of recognition of the institution as a High School. The representation has not been decided till date.
The only prayer made by learned counsel for the petitioners, is that the representation of the petitioner may be decided within a stipulated period of time.
Learned Standing Counsel, faced with the aforesaid facts, fairly submits that the respondent no. 2 under obligation of law, to decide the application as per law.
Matter is remitted to the respondent no. 2, Chairman, Madhyamik Shiksha Parishad, U.P., Lucknow.
The respondent no. 2, is directed to process the application of the petitioner as per law and forward the same to the competent authority in the State Government.
The respondent nos. 1 and 2 are directed to ensure that the application for withdrawal of recognition granted to the petitioner Institution as High School, submitted by the petitioner, is processed by the respondent no. 2 and also decided by the competent authority, within a period of one month from the date of receipt of a certified copy of this order along with a fresh copy of the application.
It is clarified that this Court has not gone into the veracity 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 do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 26.7.2019 Dhananjai