In the present case, Principal of Manas Uchchtar Madhyamik Vidhyalay Kalan, District Shahjahanpur has approached this court with request to command the District Inspector of Schools Shahjahanpur to forthwith permit the petitioners' institution to submit pre registration forms in regard to student of Class 9th and Class 11th and also same may be also processed through the office of District Inspector of Schools, Shahjahanpur.
Institution in question is un-aided recognised institution and the affairs of the institution are to be run and managed strictly as per the provision as contained under U.P. Act No. 2 of 1921 and regulations framed thereunder. Petitioners have come with the case that for ensuring registration to the students of Class 9th and Class 11th, requisite exercise was required to be undertaken. Petitioners claim that last date fixed for the said purpose is 1.10.2011 and on the said date, Principal of the institution went to the State Bank of India, Shahjahanpur for submission of advance fee, but on account of server of computer not working, said fee in question could not be deposited. Petitioners have contended that next day was Holiday and then fee of 133 students of Class 9th and 95 students of Class 11th has been deposited on 3.10.2011. Petitioners insist that they have been requesting the District Inspector of Schools to process the aforementioned application, but same has not been done for the simple reason that Registration in question is permissible only of those students, qua whom requisite exercise has been undertaken upto 1.10.2011. At this juncture petitioner has rushed to this court with the aforementioned prayer.
In order to appreciate respective submission, which had been so advanced before this court, relevant provision as contained in Part-II (d) Chapter-12 Regulation-3 is being extracted below:-
^^¼1½ fofu;e 2 ¼[k½ rFkk 3 ¼x½ dks fuEuor~ i<+k tk;%& 1&¼[k½ ifj"kn~ dh gkbZLdwy rFkk b.VjehfM,V ijh{kkvksa esa laLFkkxr vH;FkhZ ds :i esa lfEefyr gksus okys ijh{kkfFkZ;ksa dks ekU;rk izkIr laLFkkvksa esa d{kk 9 rFkk 11 esa izos'k ysrs le; fofgr izi= ij viuk iathdj.k djkuk vfuok;Z gksxkA ,sls vH;FkhZ viuh ik=rk rFkk tUefrfFk ls lacaf/kr oS/k ,oa izekf.kr lk{; laLFkk ds iz/kku dks rRle; miyC/k djk;saxsA laLFkk ds iz/kku larq"V gksus ij gh vH;FkhZ dk iathdj.k vius fo|ky; ij djsaxsA izR;sd vH;FkhZ dks iathdj.k 'kqYd ds :i esa :0 20-00 ¼chl :i;s½ laLFkk ds iz/kku dks nsuk gksxkA fVIi.kh%& iathdj.k QkeZ ds lkFk gh iathdj.k 'kqYd fy;k tk;sxk ,oa jktdh; dks"k esa tek fd;k tk;sxkA 3& ¼x½ laLFkkvksa ds iz/kku fo|ky; dh fu/kkZfjr {kerk ¼ekU; d{kkvksa½ ds vuq:i fnukad 01 vDVqcj rd iathd`r vH;FkhZ ls Hkjok;s x;s vfxze iathdj.k vkosnu&i= ,oa ukekoyh dh ,d izfr ftyk fo|ky; fujh{kd ds ek/;e ls foyEcre 10 vDVwcj rd ifj"kn ds lacaf/kr {ks=h; dk;kZy; dks izsf"kr djsaxsA** ¼2½ fofu;e 3 ¼³½ esa fuEufyf[kr izfrcU/k tksM+dj i<+k tk;%& **vxzsrj izfrca/k ;g Hkh gS fd fofu;eksa esa fdlh izko/kku ds gksrs gq, Hkh fdlh vkikfrd fLFkfr esa jkT; ljdkj dks ijh{kkvksa ds vk;kstu esa lacaf/kr fofu;e esa nh x;h fdlh Hkh O;oLFkk dks f'kfFky djus dk vf/kdkj gksxkA^^ Perusal of provision quoted above would go to show that for registration of incumbent who intend to appear in the forth coming examination of Class -10th and Class- 12th, they have to get registered in Class-9th and Class-11the and for the said purpose of advance registration is required to be fulfilled. In this regard full fledged procedure has been provided for and therein last date for fulfilling aforementioned procedure is 1.10.2011 as name of only said registered students can be send. Further provision in question is also there which provided for that State Government has got authority to accord relaxation of provision of regulation if the fact of the case so warrant, in the matter of holding of examination.
In the present case prayer, which has been so made cannot be accorded for the simple reason that provision which holds the field of advance registration therein clear cut date has been prescribed by which requisite exercise is to be undertaken and the outer limit is upto 1.10.2011. In the present case accepted position before this court is that by 1.10.2011 requisite fees etc. has not at all been deposited. Accepted position is that petitioners have submitted requisite fees on 3.10.2011 i.e. after the cut of date, as such action of the District Inspector of Schools cannot be faulted on this score. District Inspector of Schools at his own level can not proceed to extend the aforesaid date. After 1.10.2011 prayer made cannot be accepted. However, as the State Government has get every authority to relax the condition of regulation provided in special circumstances of the case pertaining to examination.
As petitioner is complaining that on 1.10.2011 on account Server being down, amount could not be deposited, and next day was Holiday and on 3.10.2011 said amount has been deposited, as such liberty is given to the petitioner to make representation alongwith certified copy of this order within three weeks from today before the State Government, who shall take appropriate decision in accordance with law, preferably within period of next two months from the date of production of certified copy of this order.
With these observations, writ petition is disposed of.
Order Date :- 4.4.2012 SRY