Hon’ble Dr. Devendra Kumar Arora, J.—Mr. D.P. Singh, Advocate, has filed his vakalatnama on behalf of the petitioner after obtaining ‘No Objection’ from previous counsel Mr. R.J. Trivedi, Advocate. The same is taken on record.

2. Heard Mr. D.P. Singh, learned Counsel for the petitioner, learned Standing Counsel and Mr. Rajendra Pratap Singh, learned Counsel for the opposite party No. 7.

3. Surprisingly, the petitioner, who claims himself to be the Manager of Swami Vivekanand Higher Secondary School, Bilgram, has filed the instant writ petition under Article 226 of the Constitution of India, inter alia seeking a direction to the Appar Sachiv Madhymic Shiksha Parishad, Kshtriya Karyalaya, Allahabad to withdraw recognition of said Swami Vivekanand Ucchtar Madhyamic Vidyalaya, Hardoi and to communicate its decision to the petitioner forthwith. Petitioner is also seeking a direction to restrain opposite party No. 6-Sub-Divisional Magistrate, Bilgram, Hardoi to interfere in the property of the Institution.

4. Submission of the learned Counsel for the petitioner is that Swami Vivekanand Ucchtar Madhyamic Vidyalaya, Hardoi [hereinafter referred to as “Institution”] was recognized from U.P. Board, Allahabad from 27.2.2006 for imparting education upto High School level. At the time of recognition, total strength of the students in the Institution was in accordance with rules in granting such recognition and sufficient teachers were discharging their duties in the Institution but in due course of time, some dispute arose between the Committee of Management and its Member resulting in reduction of strength of the student day by day. In the academic session started from 1st April, 2015, the strength of the students had become NIL and no student has come to get admission in the Institution.

5. Further submission of the learned Counsel for the petitioner is that on account of decrease in the strength of students, the income of the institution has also been reduced and it was impossible to make payment of salary of the teachers, therefore, teachers, who were posted in the Institution, had also resigned from the Institution. Therefore, the petitioner being a Manager of the Institution has no option except to move an application to the Educational Authorities for withdrawal of the recognition after due inspection. The Committee of Management has also resolved vide resolution dated 7.6.2015 for closing down the Institution. But as no heed was paid by the Educational Authorities, the petitioner has sent a reminder on 8.7.2015 with regard to make physical verification of the Institution and recognition be withdrawn.

6. Elaborating his submission, learned Counsel for the petitioner has submitted that the petitioner being a Manager of the Institution has purchased land of the Institution for doing agricultural work from its own pocket and earning from the agricultural work was utilized for the benefit of the Institution.

7. Elaborating his submission, learned Counsel for the petitioner has submitted that the petitioner being a Manager of the Institution has purchased land and the benefit earn from the said agricultural land was invested in the benefit of the Institution. He submits that as no action has been taken by the Educational Authorities, the petitioner has approached this Court by means of the present writ petition.

8. Feeling aggrieved by the inaction on the part of official respondents, the petitioner has no option except to knock the door of this Court.

9. Per contra, learned Standing Counsel has vehemently contended that Swami Vivekanand Shiksha Samiti, Akhtiyarpur, Bilgram runs the Institution, who is recognized unaided institution upto High School level. Under the provisions of Section 7 (Ka) (Ka) of the Intermediate Education Amendment Act, 1987, the recognition of the Institution have also been given by the Upper Sachiv, Madhyamik Shiksha Parishad, Regional Office, Allahabad vide its letter dated 27.2.2006. Submission is that