C/M RANI, LAKSHMI BAI MEMORIAL INTER COLLAGE, BARABAKI THRU. MANAGER AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF/ PRIN. SECY., SECONDARY EDUCATION, LKO. AND OTHERS
WRIC/11372/2024 · 2025-01-20
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170941 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170941 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3300 Court No. - 19 Case :- WRIT - C No. - 11372 of 2024 Petitioner :- C/M Rani, Lakshmi Bai Memorial Inter Collage, Barabaki Thru. Manager And Another Respondent :- State Of U.P. Thru. Addl. Chief/ Prin. Secy., Secondary Education, Lko. And Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and learned State Counsel for opposite parties. 2. Rejoinder affidavit filed today is taken on record. 3. Petition has been filed seeking a direction to opposite parties to consider allocation of Rani Laxmi Bai Memorial Inter College, Haidergarh, District Barabanki as Examination Centre in the Board of High School and Intermediate Examinations 2025 as per norms fixed by government order dated 17th September, 2024 . Further prayer for quashing the list of examination centres notified on 8th December, 2024 has been sought to the extent it excludes petitioner's institution for making examination centre. Other concomitant prayers have also been made. 4. Learned counsel for petitioner has adverted to paragraph 5(Chha) of the government order dated 17th September, 2024 to submit that such intermedite colleges where the manager/principal is residing in the campus has been excluded from the criteria notified for allocation as an examination centre. 5. Learned counsel has adverted to the report dated 3rd December, 2024 and forwarding thereupon dated 4th December, 2024 by Sub Divisional Magistrate to the District Magistrate Barabanki to submit that the report clearly indicates that the manager of the High School or Intermedite Section of the college concerned does not reside within the college campus and it is in fact the head master of the Montessori Section which reside in the campus . It is therefore submitted that the residence of the Principal of the Montessori Section would not come within criteria of the government order and therefore the petitioner's institution has been incorrectly excluded as an examination centre. 6. Learned State Counsel on the basis of counter affidavit filed has placed reliance on the report of the Nodal Officer dated 14th October, 2024 to submit that the said report clearly indicates that the residence of manager is situate in the primary section of the college and the primary and the intermediate section are the same campus. He theretofore submitted that the college does not fulfil the criteria. 7.
Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the reports dated 14th October, 2024 and 3rd and 4th December,2024, it appears that there is some discrepancy in the aforesaid reports particularly with regard to residence of principal/manager of the montessori school or primary school. 8. Evidently certain disputed questions of fact are involved with regard to said reports and therefore it would be appropriate that the authority concerned should re-examine the matter. 9. In view thereof, a direction is issued to the opposite parties 5 or 6, (whichever may be competent) to re-examine the aspect of eligibility of petitioner institution in terms of paragraph 5(Chhah) of the government order dated 17th September, 2024 as an examination centre for High School and Intermediate Examinations 2025. 10. The aforesaid decision shall be taken within a period of 10 days from the date a certified copy of this order is served upon the concerned authority. 11. With the aforesaid directions, the petition stands disposed of. Order Date :- 20.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench