C/M RAJA RAM SHIKSHAN SANSTHAN UCHCHATTAR MADHYAMIK VIDYALAYA, HARDOI THRU. MANAGER SRI ANIL KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (SECONDARY EDUCATION DEPTT.) LKO. AND OTHERS
WRIC/7507/2022 · 2025-02-06
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158681 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158681 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7678 Court No. - 19 Case :- WRIT - C No. - 7507 of 2022 Petitioner :- C/M Raja Ram Shikshan Sansthan Uchchattar Madhyamik Vidyalaya, Hardoi Thru. Manager Sri Anil Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Secondary Education Deptt.) Lko. And Others Counsel for Petitioner :- Surendra Pratap Singh,Om Prakash Mani Tripathi,Rajendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging orders dated 22.03.2012 and 29.08.2022 pertaining to rejection of petitioner's application for revival of recognition of petitioner institution for classes IX and X.
3. Earlier this Court had passed the order dated 16.11.2023, which is as follows:-
"Heard. The contention of the learned counsel for the petitioner is that initially the recognition of the petitioner's institution had been rejected on the basis of a report submitted by the learned Lok Ayukta. The rejection has been made through order dated 22.03.2012, a copy of which has been annexed as Annexure No. 4 to the petition, so far as it pertains to the petitioner in the recommendation at serial No.5. It is contended that the recognition has been rejected primarily on the ground that though the building of the institution is built on Gata No. 483 having an area of 1,000 square metres, yet the said land is not entered in the name of the institution rather it is entered as 'usar' and hence the institution is not having requisite land.
It is contended that subsequent thereto, the petitioner has got his land exchanged with the gram sabha land which has been accepted by the Sub- Judicial Magistrate concerned vide order dated 16.07.2012, a copy of which has been annexed as Annexure No.7 to the petition. It is further contended that subsequent to the said defect having been removed, the petitioner submitted a representation for revival of recognition which has been rejected vide order dated 29.08.2022, a copy of which has been annexed as Annexure No.1 to the petition, on various grounds including the grounds that sufficient furniture is not available in the classes, the building of the institution does not conform to the norms, etc.
Learned counsel for the petitioner has contended that specific averment has been made in paragraph 44 of the petition that all the defects as pointed out in the order impugned already stand removed and has prayed that the competent authority may conduct a fresh inspection so that the institution which is lying closed since the year 2012 may start running and subsequent to the inspection, an order with regard to recognition of the institution be passed. Shri P.K.Singh, learned Additional Chief Standing counsel prays for and is granted ten days' time to seek instructions that in case the averments made in the petition of defects as have been pointed out vide order impugned dated 29.08.2022 stand removed whether a fresh inspection can be conducted for the purpose of ascertaining as to whether the petitioner's institution is now fit for revival of the recognition and if so, the manner thereof. As the matter has been heard at length, list this case on 28.11.2023 at 02.15 PM for further hearing."
4. In view thereof, it is evident that the initial shortcomings with regard to infrastructure of petitioner institution stood redressed. 5. Learned State Counsel on the basis of supplementary counter affidavit, however, submits that during pendency of this petition, an inspection of premises took place on 25.11.2023
with the inspection report being brought on record as SCA-1 and submits that there was certain shortcomings in the infrastructure availability of petitioner institution which have not been corrected till date. 6. Learned counsel for petitioner on the basis of instructions, however, submits that petitioner institution is fulfilling all the norms of infrastructure as per such norms applicable as on the date of grant of initial recognition to petitioner institution. 7. In view of the fact that initial discrepancies stood redressed, liberty is granted to opposite parties to conduct an inspection of petitioner institutions premises with active participation and prior notice to the management of the institution. In case certain infrastructural inadequacies are found in the inspection, the same shall be intimated to the school management with adequate time being granted for making good such deficiencies whereafter grant of renewal of petitioner institution for conduct classes IX and X shall be considered and appropriate orders shall be passed thereupon.
The aforesaid proceedings shall be concluded by opposite parties within a period of two months from the date a certified copy of this order is served upon the concerned authority. 8. With aforesaid directions, petition stands disposed of.
Order Date :- 6.2.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench