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2016 Supreme(All) 1598

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVENDRA KUMAR UPADHYAYA, J.
COMMITTEE OF MANAGEMENT, HORI LAL INTER COLLEGE, HARDOI ....Petitioner
Versus
STATE OF U.P. ....Respondent
(Civil Misc. Writ Petition (M/S) No. 6773 of 2015, decided on 16th December, 2016)

Advocates:
Counsel :
Rajendra Pratap Singh, Ram Ji Trivedi and Surendra Pratap Singh for the Petitioner; C.S.C. for the Respondent.

Headnote:U.P. Intermediate Education Act, 1921—Section 16-D(3), Chapter VII, Regulations 13(Ka) and 13(Kha)—Examination—Irregularities—De-Recognisation of—Challenge against—Institution has been de-recognized for admitting its students to examinations conducted by Board—Procedure prescribed under Regulations 13(Kha) and 13(Ka)—Violation of aforesaid regulations render entire exercise to be unlawful—No hearing opportunity given to petitioner-institution—Entire action found to have been taken in a hurried manner—Impugned order quashed—Direction issued. [Paras 10 to 23]

       Result; Petition Allowed.

       

JUDGMENT

Hon’ble Devendra Kumar Upadhyaya, J.—Heard learned counsel for the petitioners and learned Standing Counsel appearing for the State-respondents.

2. By means of order dated 15.12.2016, Sri Satish Kumar was permitted to intervene in the matter and he was allowed to address the Court through his counsel. Ms. Aneeta Singh Nagaur, holding brief of Sri D.P. Singh, has thus been heard on behalf of Sri Satish Kumar.

3. This petition by the Committee of Management of Sri Hori Lal Inter College, Bilgram, Hardoi challenges the order dated 12.8.2015, passed by the State Government whereby the institution has been de-recognized for admitting its students to the examinations conducted by the Board of High School and Intermediate Education, U.P., Allahabad (herein after referred to as “the Board”). The petitioners have also challenged the consequential order dated 21.8.2015, passed by the Additional Secretary of the Board pursuant to the order of the State Government dated 12.8.2015.

4. The petitioner-institution was recognized for High School examinations in the year 2002 and thereafter for Intermediate examinations in the year 2006 by the Board. In the year 2008 recognition to certain other subjects in Intermediate classes was also granted to the petitioner-institution by the Board.

5. It appears that on account of some complaint, District Inspector of Schools, Hardoi wrote a letter on 12.1.2012 to the State Government pursuant to which the State Government by means of its letter dated 2.3.2012 directed the authorities concerned to enquire into the alleged irregularities committed by the petitioner-institution, in compliance of which, the Joint Director of Education, Lucknow was required by the Board to submit a report, vide its letter dated 3.5.2012. Thereafter District Inspector of Schools, Hardoi wrote a letter to the Board on 9.8.2012 for cancellation of the recognition of the institution. In compliance of the letter of the Board dated 3.5.2012, the Joint Director of Education, Lucknow submitted his report, vide his letter dated 8.1.2013 alongwith which the letter dated 12.1.2012 earlier written by the District Inspector of Schools was also attached.

6. The matter was presented before the Recognition Committee of the Board on 21.2.2013 wherein Recognition Committee decided to accept the recommendation made by the Joint Director of Education, Lucknow. Pursuant to the said decision taken by the Recognition Committee on 21.2.2013, the Director of Secondary Education and Chairman of the Board made recommendation for de-recognizing the institution under Regulation 13(Ka) of Chapter VII of the Regulations framed under U.P. Intermediate Education Act, 1921.

7. In compliance of the recommendation made by the Chairman of the Board, the State Government issued show-cause notice dated 27.12.2013 to the Committee of Management of the institution and also required the District Inspector of Schools to submit report, who submitted his report, vide his letter dated 11.11.2013 and pursuant to the letter of the Board dated 10.1.2014, the Joint Director of Education, Lucknow submitted a report again on 23.7.2014. Since the said report dated 23.7.2014 was not found to be clear, the Board required the District Inspector of Schools, Hardoi to submit another report, vide its letters dated 28.5.2015 and 25.6.2015. The District Inspector of Schools thereafter sent a fresh report, vide his letter dated 25.6.2015. The Joint Director of Education, Lucknow, vide his letter dated 14.7.2015 also submitted his report stating therein inter alia that the students studying in Class IX and XI in the institution have been registered on-line and further that the teaching in the institution is going on appropriately. The Joint Director of Education, vide his letter /report dated 14.7.2015 recommended not to de-recognize the institution. The said reports submitted by the District Inspector of Schools, Hardoi and Joint Director of Education, Lucknow were considered by


























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