Disposed

Rakesh Kumar Agarwal v. State of U.P. and 5 Others

Allahabad HC17 Feb 2020WRIC/3421/2020

Case brief

AI extract

What is this about?

Petitioner questioned continuation of an educational institution's operation without recognition. Court directed authorities to afford a hearing to the institution before withdrawing recognition and disposed of the writ petition without adjudicating merits.

What did the court decide?

No specific relief granted; petition disposed directing authorities to afford hearing to institution before withdrawing recognition.

Rakesh Kumar Agarwal Vs State of U.P. and 5 Others — Education and Admissions | Allahabad HC (2020)

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Court No. - 39

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Case :- WRIT - C No. - 3421 of 2020

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Petitioner :- Rakesh Kumar Agarwal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dushyant Singh,M.C. Singh Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari

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Hon'ble Ashwani Kumar Mishra,J.

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At the outset, learned counsel for the petitioner seeks permission to implead Saraswati Shishu Mandir Junior High School, Hapur Road, Modi Nagar, Ghaziabad as respondent no.8. Permission in that regard is granted.

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Sri R. K. Pandey, Advocate has entered appearance on behalf of respondent no.8

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This petition has been filed questioning continuance of respondent no.8 institution on the ground that proper recognition does not exist for it to function. According to petitioner, the authorities have taken note of such objection raised by the petitioner but appropriate decision has not been taken in the matter. Prayer accordingly has been made to direct the authorities to comply with their own orders dated 15/16.10.2019, contained in Annexure-2 to the writ petition.

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While entertaining the writ petition this Court proceeded to pass following order on 3.2.2020:-

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"Learned Standing Counsel may obtain instructions as to whether any action has been taken by the authorities of the State in compliance of the order dated 16.10.2019, as per which the institutions are being run without any recognition granted by the competent authority.

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Let this matter appear as fresh on 17.2.2020."

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Learned Standing Counsel has obtained instructions from the Regional Secretary of the Board. According to instructions, the institution was granted conditional recognition on 2.9.2004 but despite several notices issued, the institution has not yet complied with the conditions, and therefore, recommendation has been made for withdrawing the recognition previously granted to the institution concerned. The recommendation in that regard appears to have been made by the Joint Director of Education, Meerut on 14.1.2020.

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Learned Standing Counsel submits that since recommendation has been made for withdrawing recognition, the Board shall

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afford an opportunity of hearing to the institution concerned and thereafter shall take appropriate decision in accordance with law.

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Sri R. K. Pandey, learned counsel appearing for the respondent institution states that the District Basic Education Officer has already submitted a report to the Director of Education (Basic) on 20.12.2019 as per which the institution was granted permission to run a primary institution on 31.3.1998 and for running junior high school recognition was granted on 29.4.1994.

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Be that as it may, it would be appropriate to permit the educational authorities to proceed in accordance with law after affording opportunity of hearing to the institution concerned i.e. respondent no.8, as the authorities are already seized of the matter. No further direction is required to be issued by this Court.

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It is clarified that this Court has not adjudicated claim of any of the parties on merits and all issues are left open to be considered by the authority competent in accordance with law.

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Subject to the aforesaid observations, this writ petition is disposed of.

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Order Date :- 17.2.2020 Ashok Kr.

Rakesh Kumar Agarwal v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Agarwal v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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