JUDGMENT Arun Tandon, J.
1. Heard Sri M.P. Srivastava on behalf of the petitioner and Standing Counsel on behalf of the respondents.
2. Jai Narain Pratap Narain Higher Secondary School, Anand Bihar, Naubasta, Kanpur is an institution which was originally recognized up to High School level. It is claimed that the State Government, in exercise of powers Under Section 9(4) of the Intermediate Education Act, granted recognition to the institution for Intermediate Examination to be conducted by the Madhyamik Shiksha Parishad, U.P., Allahabad vide letter dated 28-12-2001. In pursuance of the said recognition, the management claims to have admitted number of regular students for the Intermediate examination to be conducted by the Madhyamik Shiksha Parishad in the year 2004. However, the regular students so admitted in the institution were not permitted to appear in the High School and Intermediate Examination of 2004 on the ground that the institution itself was de-recognized by means of an order dated 30th May, 1972 passed by the Director of Education. Hence present writ petition.
3. It is claimed that against the order dated 30th May, 1972 the petitioner had filed an original suit, being Original Suit No. 123 of 1972 and in the said suit plaintiff was also granted a temporary injunction restraining the respondents from enforcing the order of dc-recognition. It is further claimed that because of the said interim injunction the institution has been regularly admitting the students in High School and Inseminate Examination and said students have also been permitted to undertake the examination conducted the Madhyamik Shiksha Parishad. It appears that the said suit filed by the plaintiff was dismissed in default. Feeling aggrieved by the judgment and decree of the trial Court, the management of the institution filed a civil appeal, which was numbered as Misc. Appeal No. 312 of 2000. The appeal has finally been decided by means of the judgment and order dated 16-2-2004. The appeal filed by the plaintiff has been allowed and the order of De-cognitions has been set aside. However, the Appellate Court has provided that it shall be open to respondent authorities to pass a fresh order of derecognition after affording opportunity of hearing to the plaintiff institution.
4. It is contended that in pursuance of the said order of the Appellante Court necessary notice has been issued to institution to show cause as to why recognition be not cancelled. However, of for the perusal of the records it is apparently clear that till date no order is in sentence in the eye of law whereby the recognition granted to the institution can be said to have been withdrawn. In such circumstances it cannot be said that the institution as on date is de-recognized and has no right to admit the students in the High Court and Intermediate Examination. Any order passed after conclusion of proceedings pursuance to show cause issued to the petitioner can only be prospective in nature.
5. However, having regard to the fact that the respondent authorities have already issued a notice to the petitioner to show cause as to why the institution be not dc-recognized, and no order has been passed subsequent to said show cause notice. It is not open to Madhyamik Shiksha Parishad to withhold the result of the students who have already undertaken the High School or Intermediate Examination in the current year.
6. In the facts and circumstances of the case, it is provided that the result of the regular students of the High School and Intermediate be declared and necessary mark-sheet/certificates be issued in their favour by the respondents within six weeks from today. However, it is clarified that this order shall not confer any right upon the petitioner institution to enroll new students for the academic session-2005 and such admission, if any, made would abide by the order to be passed pursuant to show cause notice issued to petitioner.
7. It is clarified that the respondent shall complete the proceedings pursuant to the notice issued for de-recognition of the institution within one month from the date a certified copy of this order is placed before them. It will be open to petitioner institution to file such documents as may be advised, which shall be taken into consideration by the respondents.
8. Writ petition is allowed subject to the observations made above.