Heard Sri D.P.Dutt Tiwari, learned counsel for the petitioners in these petitions and learned Standing Counsel appearing for the State-respondents.
These petitions challenge the similar orders passed in each petition on 28.07.2017 by the Additional Secretary, Board of High School and Intermediate Education, U.P., Allahabad, Regional Office, Varanasi, whereby they have been required to furnish their applications seeking recognition afresh in accordance with the amended regulations 3(ka), 3(kha), 4(ka) and newly added regulation 6(gha) in Chapter VII of the Regulations framed under U.P. Intermediate Education Act.
Submission of learned counsel for the petitioner is that the petitioners-institutions had applied for seeking recognition before issuance of the notification dated 14.06.2017 whereby regulations 3(ka), 3(kha) and 4(ka) have been amended and regulation 6(gha) has been added to the aforementioned Regulations, as such their applications should be processed and the decision thereon should be taken irrespective of the requirements contained in the amended/added regulations for the reason that amended/added regulations will have prospective effect and hence, insistence on the same by the respondents is not permissible under law.
I have considered the aforesaid arguments advanced by learned counsel for the petitioners.
The issue at hand relates to recognition being sought by the petitioners-institutions for imparting education upto High School/Intermediate level permitting the students to appear in High School and Intermediate Examinations conducted by the Board of High School and Intermediate Education, U.P., Allahabad.
A perusal of the notification dated 14.06.2017 reveals that for seeking recognition, certain requirements have been added under the Regulations, which are required to be fulfilled by an institution. The new/fresh requirements, which have been added in the Regulations vide notification dated 14.06.2017, are in tune with the present day requirements, such as installation of biomatric machine for recording attendance and CCTV cameras in all the class rooms.
The petitioners-institutions have yet not been recognized and they will be legally permitted to admit the students only after the recognition is granted as required under the provisions of U.P. Intermediate Education Act. Fulfillment of requirement in terms of the newly amended/added Regulations cannot be faulted with in these changing times and as such keeping in view the larger interest of students and education, in my considered opinion, it is incumbent upon an institution to fulfill the requirements as per newly added/amended Regulations vide notification dated 14.06.2017.
In this view of the matter, these petitions are finally disposed of with liberty to the petitioners-institutions to make their applications to the competent authority in tune with the amended Regulations promulgated vide notification dated 14.06.2017. On receipt of the applications from the institutions, the appropriate authority shall conduct spot inspection and submit its report within the time frame as prescribed in amended Regulations which have been notified by the notification dated 14.06.2017. The final decision thereon shall be taken by the competent authority/Committee at the earliest. The time schedule as set out in the Regulations and in this order shall strictly be followed by the authorities, failure of which, may amount to contempt of this Court.
There will be no order as to costs.
Order Date :- 25.7.2019 AKS (Vivek Chaudhary,J.)