C/M, PANDIT MOTI LAL NEHRU INTER COLLEGE, SULTANPUR THRU. MANAGER, DILEEP KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. / ADDL. CHIEF SECY., SECONDARY EDUCATION, LUCKNOW AND OTHERS
WRIC/10328/2024 · 2025-02-07
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169382 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169382 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8211 Court No. - 19 Case :- WRIT - C No. - 10328 of 2024 Petitioner :- C/M, Pandit Moti Lal Nehru Inter College, Sultanpur Thru. Manager, Dileep Kumar Mishra Respondent :- State Of U.P. Thru. Prin. / Addl. Chief Secy., Secondary Education, Lucknow And Others Counsel for Petitioner :- Manushresth Misra 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 order dated 21.08.2023, passed by the District Inspector of Schools, Sultanpur pertaining to rejection of petitioner's application for recognition for conducting the additional subjects of Home Science, Drawing, Design and Education in the petitioner's college. 3. It appears from the record that by means of impugned letter, only information has been supplied by the District Inspector of Schools to the Additional Secretary of Madhyamik Shiksha Parishad, Regional OfÏce, Varanasi with regard to inspection having been conducted of the petitioner institution and its being unapproved. The letter also indicates that a hard copy of the relevant documents including the inspection report was forwarded by the District Inspector of Schools to the Additional Secretary of the Parishad. 4. In the short counter afÏdavit filed on behalf of opposite parties dated 27.01.2025, the inspection report along with the letter dated 19.08.2023 has been brought on record as S.C.A-2 and paragraph-9 of the afÏdavit filed in support thereof indicates the shortcomings which were noticed in the inspection which were reported in the online report on 21.08.2023, disapproving the application for recognition. 5. The short counter afÏdavit also places reliance on Chapter-7 of the notification dated 12.01.2023, issued by the Secretary Education Council, Prayagraj, U.P, particularly, the amended portions thereto which pertain to Regulation-4, perusal of which indicates that after inspection report is submitted by the District Inspector of Schools, the Parishad is required to issue notice to the institution concerned indicating the shortcomings reported and 15 days' time is granted to the institution to make a response thereto alongwith hard copies of the relevant documents. 6. In the present case, it appears that only the inspection report was submitted by the District Inspector of Schools whereafter the Parishad does not appear to have issued any further notice to the petitioner institution for obtaining their response. 7.
In view thereof, since the inspection report has already been brought on record as S.C.A-2 as shortcomings have been indicated in para-9 of the short counter afÏdavit, sufÏcient compliance of revised Rule 4 is deemed. 8. The petitioner institution is therefore granted 15 days' time from today to file response to the Additional Secretary of the Regional ofÏce of the Secondary Education Board, which shall be considered and decided by the concerned authority expeditiously or preferablly within a period of six weeks thereof. 9. With the aforesaid directions, the petition stands
disposed of.
Order Date :- 7.2.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench