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C/M Holy Bless Asha Academy Through Its Manager & Another v. State Of U.P. & Others - WRIT - C No. 23373 of 2007 [2007] RD-AH 11687 (11 July 2007)


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Court No. 33


Committee of Management

and another - Petitioners


State of UP and others - Respondents

Hon'ble Sunil Ambwani, J.

1. Learned  Chief Standing Counsel has accepted notice on behalf of respondent no. 1 to 3. Shri Ramesh Pundeer appears for respondent no. 4. The respondents are granted four week's time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit. List thereafter for admission hearing.

2. Shri Nitin Verma is Manager of Holy Bless Asha Academy running primary school and Asha Happy Home Junior High School, Kiastha Vada  Deoband, District Saharanpur in the same premises. Both these schools are run by different societies,  which were recognised by the District Basic Education Officer under Paras 156 to 160 of the Education Code.

3. It appears that wife of Shri Sanjay Kumar Gupta  the respondent No. 4, was working as teacher and was removed by the Manager. Shri Sanjay Kumar Gupta raised a dispute with regard to termination of his wife. Thereafter  he initiated proceedings for derecognising  the Primary and Junior  High School on the ground that the school has allowed the teaching to be imparted from unrecognised books;  it is not paying prescribed salary to the teachers and that both the schools are run in a building, which was taken on rent  and is without electricity connection.

4. Learned counsel for petitioner has relied upon the  reply of the school  to show cause notice by which it represented to the Assistant Director of Education (Basic) Meerut/Saharanpur Region stating that the school is recognised since 1.5.1987. The school had permitted the books for teaching arts subject in  primary school. On the objection taken by the District Basic Education Officer, these books were withdrawn. There is no complaint on behalf of any teacher for either non-payment of salary. It is further submitted that the building is taken on rent and there is no electricity connection with the school. Learned counsel for petitioner states that there is a domestic connection  and the school has applied for commercial connection after the complaint was made by the respondent.

5. It appears that some complaints were made by the respondent no. 4, which was forwarded to the Secretary, Basic Shiksha Parishad.  On these complaints purportedly on the directions issued by the Lok Ayukta, the Secretary, UP Basic Shiksha Parishad has withdrawn the recognition granted to this schools.

6. Learned counsel for petitioner submits that the Secretary, Basic Shiksha Parishad has not applied his mind to the reply given by the petitioner that acting on the directions of the Lok Ayukta, who has no jurisdiction to pass orders in the matter, the order has been passed withdrawing recognition of the three schools namely Holy Bless Asha Academy; Asha Happy Home Junior High School and Asha Modern Junior High School running in the same premises  causing severe hardship for small children attending the schools. There is no complaint given by any guardian nor any such  complaint has been made by any teacher.

7. Prima facie, I find that the petitioner has made out a case for interference. The petitioner has given sufficient explanation for withdrawing  earlier writ petition No. 26684 of 2007 filed by committee of management.

8. Until further orders, the effect and operation of the impugned orders dated 14.3.2007 passed by Secretary, U.P. Basic Shiksha Parishad, Allahabad  withdrawing recognition of three schools named as above  shall remain stayed. The petitioner shall be allowed to run the institution subject to inspections which may be conducted by the educational authorities.




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