Court No. - 24 Case :- MISC. SINGLE No. - 4358 of 2010 Petitioner :- Lav Kush Academy School, Nawabganj Thathiya Gonda Respondent :- State Of U.P. Thru Secretary Basic Education & Anr. Petitioner Counsel :- Anoop Kumar Upadhyay Respondent Counsel :- C.S.C.,Vishal Verma Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioner and learned Standing Counsel
for opposite party No. 1 and Sri Vishal Verma for opposite party No. 2.
By means of the instant writ petition, the petitioner prays for a writ in the
nature of Mandamus commanding the opposite party No. 2 to grant
temporary recognition for primary section for Lav Kush Academy Public
School. Further, it has been prayed that opposite party No. 2 may be
directed not to stop or interfere in the functioning of classes and school.
Petitioner is a society registered under the Societies Registration Act
vide registration No. 1325/2008-2009 and is engaged in imparting
primary education upto Class V but without any recognition, they have
admitted 200 students for the academic session 2008 onwards.
Subsequently, they have moved an application for temporary
recognition in the requisite format but the authorities did not pay any
heed in the matter inspite of moving several representations and as
such, the petitioner has preferred the instant writ petition.
Neither in the instant writ petition nor in the representations, which have
been moved by the petitioner as contained in Annexure No.2 to the writ
petition, it has been stated that on which date and for which academic
session, the petitioner has applied for grant of temporary recognition to
the competent authority. It is only stated that the petitioner is the society
registered under the Societies Registration Act, having a building
comprising five rooms, Principal room and several rooms, which are of
permanent nature. It has also been stated that necessary report of
Assistant Basic Shiksha Adhikari has also been sent and the same is on
record.
Admittedly, the petitioner’s institution is unrecognized institution from
any Board or by the competent authority but inspite of that they have
admitted the students of which they are liable for imposing the cost as
without any authority, they have admitted the students.
The order dated 30.7.2010 passed in writ petition No. 7240 of 2010
(MB) [C/M Scholars Academy Purva Madhyamik Vidalaya Vs. State of
U.P. and others], which has been relied by the petitioner’s Counsel, is
not applicable in the instant case insofar as the writ petitioner was
granted temporary recognition and as they have applied for permanent
recognition but the same has not been granted and as such they have
preferred writ petition No. 7240 of 2010 (MB), whereas in the instant writ
petition, petitioner’s institution has not been granted temporary
recognition and as such, he preferred the instant writ petition for grant of
temporary recognition.
Accordingly, the writ petition is dismissed. Petitioner’s institution is
directed to pay Rs.1,00,000/- [Rupees one lakh] to the students, who
have been admitted by the petitioner’s institution, as damages.
Order Date :- 5.8.2010
Ajit/-