Quashed

Nav Jagran Purv Madhyamik Vidyalaya, Kurahuan, Varanasi v. State of U.P. and 3 Others

Allahabad HC5 Mar 2020WRIC/5387/2020

Case brief

AI extract

What is this about?

The High Court quashed an order cancelling the petitioner school's recognition, holding it arbitrary as the administering officer failed to consider the petitioner's reply before passing the order.

What did the court decide?

The order cancelling recognition was quashed. The District Basic Education Officer was directed to consider the petitioner's materials and pass a fresh order within 15 days.

Nav Jagran Purv Madhyamik Vidyalaya, Kurahuan… — Education and Admissions | Allahabad HC (2020)

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Court No. - 39

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Case :- WRIT - C No. - 5387 of 2020

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Petitioner :- Nav Jagran Purv Madhyamik Vidyalaya, Kurahuan, Varanasi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Shukla,Nagesh Kumar Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the State authorities and Sri S. K. Haider holding brief of Sri Bhupendra Kumar Tripathi, learned counsel for respondent no.4.

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Following orders were passed in the matter on 13.2.2020:-

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"Recognition granted to petitioner institution has been cancelled by the District Basic Education Officer, Varanasi on 17.1.2020 on the ground that petitioner institution is not having adequate land and infrastructure and that documents have been manufactured in that regard.

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It appears that notice was issued to petitioner on 4.1.2020, to which a detail reply has been given. The District Basic Education Officer does not appear to have taken note of petitioner's reply and no specific finding has been given, on account of which, the recognition has been withdrawn. Submission is that the order impugned is wholly arbitrary.

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Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 27.2.2020."

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Learned Standing Counsel was again allowed a week's further time on 27.2.2020 to comply with the above order but the orders remain yet to be complied with. Prayer made by learned Standing Counsel to grant further time is not liable to be entertained considering the nature of order proposed to be passed.

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Records reveal that petitioner institution applied for grant of recognition to run a junior high school, which was allowed. On the basis of subsequent information placed on record against the petitioner institution, a show cause notice was issued by the District Basic Education Officer, pointing out various infirmities in the application filed by the petitioner institution. The petitioner institution apparently has replied to this notice which is contained in Annexure-11 to the writ petition. The reply appears to have been sent on 10.1.2020 by registered speed post. The order of the District Basic Education Officer

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dated 17.1.2020 does not refer to petitioner's reply and even without taking note of it has passed the order impugned cancelling petitioner's recognition.

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Since the reply filed by the petitioner institution has not been considered, the order impugned dated 17.1.2020 cannot be sustained and is hereby quashed. The petitioner institution shall appear before the District Basic Education Officer concerned and shall submit all materials in support of its claim, which are alleged to have been otherwise submitted in response to the notice issued by the District Basic Education Officer, within a week. The District Basic Education Officer concerned shall refer to the materials which are furnished by the petitioner institution and shall pass a fresh order, in accordance with law, preferably within a period of 15 days from the date of presentation of certified copy of this order. Writ petition accordingly stands disposed of.

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Order Date :- 5.3.2020 Ashok Kr.

Nav Jagran Purv Madhyamik Vidyalaya, Kurahuan, Varanasi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Nav Jagran Purv Madhyamik Vidyalaya, Kurahuan, Varanasi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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