Hon’ble S.P. Kesarwani, J.—Heard Sri K.Ajit, learned counsel for the petitioner and Sri Raghavendra Pratap Singh appearing for respondent Nos. 2, 3 and 4 and the learned Standing Counsel appearing for respondent No. 1 and perused the record.

2. In this writ petition the petitioner has prayed for the following relief :

“issue a writ, order or direction including a writ in the nature of mandamus commanding the respondents to grant permanent recognition to the petitioner’s institution as per the Government Order dated 13.8.1997 read with 19.5.2012.”

3. Briefly stated the facts of the present case are that the petitioner is a junior high school and holds a temporary recognition certification. It is governed by the provision of U.P. Basic Education Act 1972 (hereinafter referred to as the U.P.Act). It is stated in paragraph 5 that the temporary recognition was granted to the petitioner in the year 1974-75 by the District Basic Education Officer, Mainpuri. In the letter of the District Basic Education Officer, Mainpuri dated 24.3.1992 (Annexure-2), it is mentioned that according to the Government Order No. 1784-15-6-90-18-l (7)/89 dated 24.7.1990 and the letter of the Director and Chairman, Basic Shiksha Parishad, Uttar Pradesh, Allahabad dated 20.7.1991, the petitioner’s college is mentioned in the list of junior schools of Distt. Mainpuri at serial No. 94.

4. The petitioner submitted an application for recognition and application dated 29.10.2011 (Annexure - 6) for recognition of the college and fulfil all the conditions as provided in the aforesaid G.O. dated 19th May, 2011. He submits that his recognition file was forwarded by the District Basic Education Officer, Mainpuri to the Regional Assistant Director of Education (Basic), Agra vide letter dated 28.3.2012 (Annexure - 7). He raised certain objections vide letter dated 4.4.2012 (Annexure - 8) and directed the District Basic Education Officer to send the file after removal of objections by the petitioner college. It is stated in paragraph - 13 that the petitioner removed all the objections vide letter dated 9.4.2012 (Annexure - 9). Thereafter the several correspondences dated 9.5.2012, 14.5.2012 and 6.6.2012 (Annexures - 10, 11 and 12 respectively) took place between the District Basic Education Officer, Mainpuri and the Regional Assistant Director of Education (basic) Agra whereby the Assistant Director of Education (Basic) reportedly returned the recognition file of the petitioner’s college on the ground that there is no mention of permanent recognition in the G.O. dated 19.5.2011. He directed that file be not sent again unless any instructions/guidance is received from the level of the Director Education or the State Government. The petitioner moved the representation dated 2.5.2012 before the Basic Shiksha Adhikari, Mainpuri requesting him to grant recognition certificate. In reply to the said representation (Annexure - 13) the Basic Shiksha Adhikari, Mainpuri sent the letter dated 19.6.2012 (Annexure - 14) intimating the petitioner that the Assistant Director has communicated that the recognition file be not sent to him unless appropriate guidance is received from the level of the Director or the State Government.

Aggrieved with non disposal of application for recognition, the petitioner has filed the present writ petition.

Submissions

5. Sri K.Ajit submits that on fulfilment of the required conditions/requirement as provided under the G.O. dated 19.5.2011 as well as Section 18 of the Central Act read with Rule 11 of the Rules 2011, the respondents are under statutory duty to grant recognition. He further submits that it is not the case of the respondents that any of the conditions/requirements statutorily required has not been fulfilled by the petitioner. Sri R.P. Singh appearing for respondent Nos. 2, 3 and 4 does not dispute the aforementioned submission of Sri K. Ajit but he reiterates the stand taken in paragraphs 5 and 10 of the counter-affidavit of Sri Vee