Court No. - 39 Case :- WRIT - C No. - 67086 of 2009 Petitioner :- C/M, Dunka Higher Secondary School & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Anil Bhushan Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 28th
October, 2009 passed by the Regional Secretary, Madhyamik
Shiksha Parishad, Bareilly by which the application submitted by
the petitioners for upgradation of the Institution to the Intermediate
level has been rejected on the ground that the petitioner-Institution
does not have one alternative room measuring 6 x 5 sq. meters.
It is submitted by Sri Anil Bhushan, learned counsel appearing for
the petitioners that the District Inspector of Schools in his report
dated 11st September, 2009 has mentioned that the petitioner-
Institution has 29 rooms as against the requirement of 18 rooms
and, therefore, it cannot be said that the petitioner-Institution does
not have the alternative room.
A counter affidavit has been filed on behalf of the respondents. All
that has been stated is that the petitioner-Institution does not have
the alternative room measuring 6 x 5 sq. meters. There is no denial
at all that the Institution has 29 rooms as against the requirement
of 18 rooms. Learned counsel for the petitioners, therefore,
submitted that the reason assigned by the Regional Secretary for
rejecting the application filed by the petitioner for upgradation of
the Institution to the Intermediate level, is not correct.
Learned Standing Counsel appearing for the respondents has not
been able to substantiate how the report dated 11th September,
2009 submitted by the District Inspector of Schools is incorrect.
Such being the position, the order dated 28th October, 2009 passed
by the Regional Secretary, Madhyamik Shiksha Parishad, Bareilly
cannot be sustained. It is, accordingly, set aside. The Regional
Secretary shall reconsider the matter and pass a fresh order in
accordance with law expeditiously, preferably within a period of
two months from the date a certified copy of this order is filed by
the petitioners before the Regional Secretary.
The writ petition is allowed to the extent indicated above.
Order Date :- 29.7.2010
GS