JUDGMENT S.P. Mehrotra, J.
1. Connect with Writ Petition No. 41002 of 2002.
2. Issue notice pending admission.
3. Counter-affidavit and rejoinder-affidavit have already been exchanged between the parties in this case.
4. List this case for admission in the week commencing 1lth November, 2002.
5. Heard on the question of grant of interim reliefs.
6. Learned Counsel for the petitioner has referred to an interim order dated 12th September, 2002 passed in Civil Misc. Writ Petition No. 38891 of 2002 wherein similar controversy is involved.
7. Learned Counsel for the petitioner has further submitted that by the action of the respondents in not issuing Examination Forms for High School Examination, 2003 in respect of a number of students, the interest of such students will be adversely affected.
8. Learned Standing Counsel, on the other hand, has submitted that restrictions in question were imposed by the notification dated 22nd November, 2000 with effect from the examination for the year 2002, and the petitioner having violated the said restrictions, is not entitled to any indulgence.
9. I have considered the submissions made by the learned Counsel for the parties and have perused the aforesaid interim order dated 12th September, 2002 passed in the aforesaid Civil Misc. Writ Petition No. 38891 of 2002.
10. In view of the said interim order as well as in view of the interest of the students involved, the following interim directions are being given without prejudice to the rights and contentions of the parties involved in the writ petition :
(I) The present writ petition relates to Swargiya Sri Janardan Prasad Pandey High School, Manjhanpur, District Kaushambi. The said institution has, hereinafter, been referred to as "the institution in question."
(II) There are following categories of the students who want to appear in High School Examination, 2003 from the institution in question :
1. The students who were registered as regular students in the institution in question in Class 9 and who have passed Class 9 from the institution in question in the examination of the year 2002.
2. The students who appeared as regular students in the High School Examination, 2002 from the institution in question and have failed.
3. The students who were registered in other institutions in Class 9 and have passed Class 9 from such other institutions in the examination of the year 2002, and thereafter, they have taken admission as regular students in Class 10 in the institution in question for the Session 2002-03.
4. The students who appeared as regular students in the High School Examination, 2002 from other institutions and have failed, and thereafter, they have taken admission as regular students in Class 10 again in the institution in question.
(III) The petitioner will submit separate lists in respect of the students belonging to each of the above four categories along with all the relevant documents and details before the District Inspector of Schools concerned by 9th October, 2002. The said District Inspector of Schools will determine the number of students belonging to each of the above four categories in respect of the institution in question.
(IV) As regards the students of the institution in question falling in the first two categories, namely, Categories (II) (1) and (2) above :
A. As regards the students of the institution in question falling in these categories, the said District Inspector of Schools will issue, if not already issued, examination forms for High School Examination, 2003 by 11th October, 2002.
B. The petitioner will get the said forms filled up by the said students, and then submit the said forms along with all the relevant documents etc. before the said District Inspector of Schools by 18th October, 2002.
C. The said District Inspector of Schools after carrying out required verification etc. will forward the said forms to the Board of High School and Intermediate Education, Uttar Pradesh by 25th October, 2002.
D. In case, the said forms are complete in all other respects, the same will not be rejected by the said District Inspector of Schools or by the said Board of High School and Intermediate Education, Uttar Pradesh on the ground that the last date for submission thereof has expired.
(V) As regards the students of the institution in question falling in the last two categories, namely, Categories (II) (3) and (4) :
A. As regards the students of the institution in question falling in these categories, the said District Inspector of Schools will issue examination forms for High School Examination, 2003 by 1lth October, 2002. Each such form will bear at the top on the first page, the following endorsement: "PROVISIONAL and SUBJECT TO THE DECISION OF THE ALLAHABAD HIGH COURT IN WRIT PETITION NO. 35940 of 2002."
B. The petitioner will get the said forms filled up by the said students and then submit the said forms along with all the relevant documents etc. before the said District Inspector of Schools by 18th October, 2002.
C. The said District inspector of Schools after carrying out required verification etc. will forward the said forms to the Board of High School and Intermediate Education, Uttar Pradesh by 25th October, 2002.
D. In case, the said forms are complete in all other respects, the same will not be rejected by the said District Inspector of" Schools or by the said Board of High School and Intermediate Education, Uttar Pradesh on the ground that the last date for submission thereof has expired.
However, the acceptance of these forms by the said District Inspector of Schools as well as by the said Board of High School and Intermediate Education, Uttar Pradesh will be only provisional and without prejudice to the rights and contentions of the parties in the present writ petition.
E. The petitioner will send a communication to each of the said students at his respective address by registered post giving detailed narration of the aforesaid facts along with a copy of this order by 12th October, 2002. The petitioner will file by 25th October, 2002 an affidavit before this Court through the Principal/Manager of the Institution in question annexing thereto copy of the communication sent to each of the said students along with proof of dispatch of the said communication to each of the said students by registered post.
F. The said affidavit to be filed by the petitioner through the Principal/Manager of the institution in question will also contain a categorical undertaking that the petitioner will henceforth strictly comply with the restrictions imposed, inter-alia, by the aforesaid notification dated November 22, 2000 and other connected notifications, orders etc., and will not admit in the institution in question in the session 2003-04 or nay subsequent session, any student similar to those falling in the aforesaid Categories (II) (3) and (4) until further orders of this Court.
G. In case, the aforesaid communications are not sent within the time granted or the aforesaid affidavit is not filed by the petitioner within the time granted, this order will stand automatically vacated.
11. A certified copy of this order shall be given to the learned Counsel for the parties on payment of usual charges by 4.10.2002.