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Bhartiya Municipal Girls Inter College Thru' Principal v. State Of U.P. And Others - WRIT - C No. 63647 of 2005  RD-AH 11312 (12 July 2006)
Civil Misc. Writ No. 63647 of 2005
Bhartiya Municipal Girls Inter College,
Chandausi, District Moradabad through
its Principal Smt. Usha and another .. Petitioners
State of U.P and others ... Respondents.
Hon'ble Rakesh Tiwari, J.
Bhartiya Municipal Girls Inter College, Chandausi, District Moradabad is a private recognized aided institution. The College submitted applications dated 29.4.2002 and 25.7.2002 to the Board of High School and Intermediate Education, U.P., Allahabad for granting recognition in additional group/subjects of Geography, Commerce, Home Science and Computer under the provisions of Chapter VII read with Section 13 of the U.P. Intermediate Education Act (hereinafter referred to as ''the Act').
Additional Secretary/Regional Secretary, Madhyamik Shiksha Parishad, U.P., Regional Office Bareilly, District Bareilly- respondent no. 4 granted recognition but vide letter dated 26.10.2002 directed the Committee of Management of the College to again fill-up the form for grant of recognition on the new proforma by 15.12.2002 in additional group/subjects of Geography, Commerce and Home Science.
It appears that the application in the new prescribed proforma was submitted by the petitioner no. 1 ( for short ''petitioner') in the office of the District Inspector of Schools (for short ''DIOS'), Moradabad, who forwarded the same to the Regional Secretary, Madhyamik Shiksha Parishad, Regional Office Bareilly.
As no response was received by the College from the Regional Secretary, Madhyamik Shiksha Parishad, Bareilly, the petitioner moved a representation before the State Minister For Education. The Minister, in turn, directed the Regional Secretary to look into the matter. The petitioner was informed by him vide letter dated 12.8.2004 to remove certain discrepancies which were duly removed by the petitioner and the application/proforma was again submitted in the office of the DIOS Moradabad on 9.10.2004 as directed by the Regional Secretary. It was, thereafter, forwarded by the DIOS Moradabad to the Regional Secretary.
In the meantime, the petitioner admitted 100 students with the subjects Home Science and 32 students in Commerce group in Class XI for the session 2003-04 and after passing class XI, they were admitted in class XII in July 2004. Examination Forms of 152 students were rejected by the Regional Secretary, Madhyamik Siksha Parishad, Regional Office Bareilly on 20.1.2005. Rejection of forms was challenged by the petitioner in Civil Misc. Writ No. 6525 if 2005- Bhartiya Municipal Girls Inter College and another Vs. State of U.P and 4 others, which was disposed of by High Court with direction to the Secretary, Madhyamik Shiksha Parishad, Allahahad to allow the candidates whose forms had been submitted in respect of the aforesaid three subjects to take the Board's examination, 2005 in case these students were registered/admitted in the year 2003 and an application for recognition of these subjects had been filed.
The contention of counsel for the petitioner is that during the pendency of the application for recognition in the aforesaid 3 subjects, students had been permitted to appear in the Intermediate examination of the sessions 2003-04 and 2004-05. Their results were also declared by the respondents and they had been issued their mark sheets. It is submitted that under the bona fide belief that the recognition would be granted to the petitioners' College in the aforesaid three subjects, i.e., Geography, Home Science and Commerce or the students would be permitted to appear in the examination as in the past students were registered/admitted in the College in July 2004. Registration fees of 102 students were also deposited in the account of the concerned authority on 9.11.2004. The requisite fees of 208 students in all subjects of Intermediate who were to appear in the Intermediate Examination of 2005-06 were also deposited.
The State Government vide order dated 5.9.2005 accepted the application of the petitioner for recognition and communicated the same to the Regional Secretary, Madhyamik Shiksha Parishad, Regional Office Bareilly but the examination forms of 202 students who had applied to appear in the Intermediate Examination, 2005-06 in Home Science, Geography and Commerce subjects were not accepted by the respondent no. 3 on the ground that the aforesaid subjects were not recognized for the session 2005-06.
From the record, it appears that vide order dated 5.10.2005, the respondents were directed by this Court to accept the examination forms submitted bythe petitioner provisionally subject to the result of the writ petition. Order dated 5.10.2005 is as under :-
"Hon. Tarun Agarwala, J
List this petition on 19.10.2005.
Learned Standing Counsel appearing for the respondents shall file a counter affidavit by then indicating as to why recognition has not been granted to the petitioners' institution for the year 2005-2006 in the subjects of Home Science and Computer, Geography and Commerce when the Government has granted recognition to the said College for the year 2007 as is clear vide letter dated 5.9.2005 (Anexure 16 to this writ petition).
In the meanwhile, the respondents may accept the examination forms submitted by the petitioners provisionally which shall be subject to the result of the writ petition. It is made clear that the instant writ petition will be decided finally on the next date.
A certified copy of this order shall be made available to the learned counsel for the petitioners on payment of usual charges within 24 hours.
5.10.2005 Sd/- Illigible"
Counter and Rejoinder affidavits have been exchanged. In the counter affidavit filed by the Deputy Secretary in the office of the Madhyamik Shiksha Parishad, U.P., Allahabad, it has been averred that the institution, in question does not fulfill the required norms for grant of recognition as per chapter VII of the Act as certain relevant information were not given by the institution in its application. Consequently, the Additional Secretary/ Regional Secretary, Madhyamik Shiksha Parishad, U.P., Regional Office Bareilly- respondent no. 4 vide letter dated 13.7.2003 (Annexure 7 to the writ petition) informed the Manager of the institution about the discrepancies and informing that the question of recognition for examination of 2005 will be considered for the aforesaid subjects.
It is also averred that the conduct of the petitioner in admitting the students to the concerned courses, without obtaining recognition in accordance with law, was not fair; however, the students were permitted to appear in the examination of 2005 in pursuance of the direction of the Court but their results have not been declared. It also appears from perusal of paragraph 19 of the counter affidavit that Civil Misc. Writ No. 6525 of 2005 was disposed of with direction to the Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad to allow the candidates whose forms had been submitted in respect of the aforesaid three subjects to take Board's examination.2005 in case these students were admitted in 2003 and application for recognition of these subjects had been filed. It was further directed that in such case, will not refuse to accept the forms on the ground that these subjects are not recognized but if there is any other defect, it will be open to the Board to reject the candidature. This direction of the Court was complied with and students were granted permission to appear in the Board's examination, 2005. As regards Board's examination of 2005-2006, it is averred that since the institution did not fulfill the terms and conditions of recognition of the subjects for 2003-04, such recognition prayed for cannot be granted. However, consequent upon removal of the defects, the institution has been granted recognition for the examination to be held in 2007.
In rebuttal, counsel for the petitioners submits that the institution has been granted recognition after it has fulfilled all the eligibility criteria and removed the defects. It is vehemently urged that recognition ought to have been granted for the examination scheduled to be held in 2006 and the action of the respondents in this regard is illegal and was not in accordance with relevant provisions of law. It is submitted that as the students were permitted in the past years, therefore, the students for the examination scheduled to be held in 2006 were also admitted and the conduct of the petitioner in admitting the aforesaid students was not illegal, in any manner. It is submitted that the result of the students who had appeared in the Board's examination had already been declared and in the peculiar facts and circumstances, the students, who have filled up forms for appearing in the Board's examination,2006 are also entitled to appear. He urged that no reasons have been assigned as to why their forms have not been accepted.
After hearing counsel for the parties, it is apparent that the institution was not recognized for the three additional subjects in the year 2002, yet the Additional Secretary/Regional Secretary Madhyamik Shiksha Parishad, U.P., Regional Office Bareilly and it had in the past permitted the students to appear in the Board's examination during the pendency of application to be submitted in new proforma and has also declared their results.. Later on, the Board took a stand that it cannot permit the students who had taken admission for the session 2005-06 for appearing in the Board's examination on the ground that there was defect in the application for recognition moved by the petitioner. Subsequently, under the order of the Court, defects of the petitioners' college were removed and the students were permitted to appear in the High School and Intermediate examination. Permanent recognition has also been granted now to the College by the Board for running the classes in the aforesaid three subjects and for admission of students for the session 2006-07. Thus, the only dispute that remains is pertaining to the students who had appeared in 2005-06. Since the institution has now been recognized and the Board has also declared the result of the students for the session 2004-05, it would be in the substantial interest of justice that the result of the students of the petitioners' college, whose results have not been declared on the ground that three subjects were not recognized, is directed to be declared as there was, otherwise, no illegality.
The budding students who have spent their valuable time and energy throughout the year in studies, cannot be made scapegoat of technicalities when on face of record, it is apparent that the Board had given recognition in 2002 pending application for the same and has declared the result of students of every academic session except of 2004-05.
For the reasons stated above, the writ petition succeeds and is allowed. The respondent no. 3 is directed to accept the Intermediate Examination Form of 202 girls students and allow them to appear from petitioners' college in the subjects of Home Science, Geography and Commerce in the said examination to be conducted by the U.P. Board of High School and Intermediate Examination, Allahabad. Their results shall also be declared as regular candidates of Bhartiya Municipal Girls Inter College, Chandausi, District Moradabad. No order as to costs.
Dated 12th July 2006
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