Court No. - 39 Case :- WRIT - C No. - 76 of 2010 Petitioner :- Shri Krishna Bal Bharti Prathmik Vid. Mah Khera And Others Respondent :- State Of U.P.Thru Prin. Sec. Basic Edu. Lko. And Others Petitioner Counsel :- Anoop Mishra Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the orders dated 15th
October, 2009 and 22nd October, 2009 passed by the District
Basic Shiksha Officer, Aligarh Region Aligarh by which the
recognition granted to the petitioners-Institution under the
provisions of the Basic Education Act, 1972 have been withdrawn.
It is the contention of the learned counsel for the petitioners that
the District Basic Shiksha Officer had no jurisdiction to pass such
an order and that too without giving any opportunity to the
petitioners. He further submits that a similar order dated 15th
October, 2009 passed by the District Basic Shiksha Officer was
assailed in Writ Petition No. 63408 of 2009 in which an interim
order was passed staying the operation of the order dated 15th
October, 2009.
The matter requires consideration.
Learned Standing Counsel appears for all the respondents. He
prays for and is granted four weeks’ time to file the counter
affidavit. Rejoinder affidavit, if any, may be filed within two
weeks’ thereafter.
List this petition for admission/hearing after the expiry of the
aforesaid period.
Connect with Writ Petition No. 63408 of 2009.
Till the next date of listing the operation of the impugned orders
dated 15th October, 2009 and 22nd October, 2009 passed by the
District Basic Shiksha Officer, Aligarh Region Aligarh
(Annexures 6 to 6-C and 7 to 7-P to the writ petition) shall remain
stayed.
Order Date :- 6.1.2010
NSC