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Judgment
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
''(अ) प्रतियाचिकाकर्तागणों आदेशित/निर्देशित किया जावे कि प्रतियाचिकाकर्ता क्रमांक 2, 3 के द्वारा याचिकाकर्ता के विद्यालय अशासकीय रविन्द्रनाथ टेगोर हाईस्कूल पोरसा जिला मुरैना के मान्यता निरस्तीकरण के आदेश दिनांक 27.07.2018 (एनेक्जर पी/1) एवं आदेश दिनांक 29.08.2018 (एनेक्जर पी-2) 15.10.2018 (एनेक्जर पी-3) अवैधानिक बिना कोई अधिकार के एवं बिना कोई सूचना पत्र दिये बिना जारी किये जाने से तत्काल प्रभाव से निरस्त किये जाने का आदेश जारी किया जावें।
(ब) प्रतियाचिकाकर्तागणों को आदेशित किया जावे कि शासन द्वारा जारी मान्यता नियम, 2017-18 के तहत मान्यता के संबंध में संभागीय संयुक्त संचालक को प्रदत्त अधिकारों के तहत मान्यता निरस्तीकरण के आदेश बिना कोई सूचना पत्र जारी किये बिना एवं बिना कोई सुनवाई का अवसर दिये अवैधानिक रूप से जारी आदेश दिनांक 27.07.2018(अनेक्चर-पी-1) को निरस्त किये जाने के आदेश पारित करें।
(स) यह कि, प्रतियाचिकाकर्तागणों को आदेशित किया जावे कि याचिकाकर्ता के द्वारा प्रस्तुत की गई अपीलों में उल्लेखित छात्र संख्या के आधार पर आदेश जारी न कर गतवर्ष की छात्र संख्या के आधार पर मान्यता निरस्तीकरण के आदेश जारी किया जाना अवैधानिक होने से निरस्त किये जाने के आदेश पारित करें। अर्थात् जारी आदेश दिनांक 27.07.2018 (एनेक्जर पी/1) एवं दिनांक 29.08.2018 (पी-2), 15.10.2018 (पी-3) को निरस्त किये जाने के आदेश पारित करें।
(द) यहकि याचिकाकर्ता के द्वारा विद्यालय का पुनः निरीक्षण कर मान्यता निरस्तीकरण के आदेश निरस्त कर मान्यता वहाल किये जाने के आदेश पारित करें।
(इ) अन्य कोई आदेश/निर्देश माननीय न्यायालय जो उचित समझे जारी किया जावे।"
It is submitted by the counsel for the petitioner that the Commissioner Public Education Madhya Pradesh who is an Appellate Authority had issued a show cause notice dated 15.3.2018 to the petitioner for cancellation of recognition in the light of the deficiencies found by the Inspection Team. The petitioner submitted his reply. However, without considering the reply submitted by the petitioner, the respondent No.3 has held that the school which is being run by the petitioner does not fulfill the requirements for recognition and, accordingly, the recognition of Ravindranath Tagore High School Porsa, District Morena has been cancelled. Being aggrieved by the order of respondent No.3, the petitioner had filed an appeal which too has been dismissed by the Commissioner Public Education Madhya Pradesh by holding that the inspection of the school was done by a three member team and on the said inspection, the following discrepancies were found:
"(1) On the date of inspection i.e. 13.12.2017 not a single student was present in the school although it was not a holiday.
(2) The school building is not in accordance with the number of students and even the classes were not being operated. The building is not as per requirement of a school."
It appears that thereafter on 15.10.2018, the Recommendation Committee in its meeting dated 26.9.2018, reviewed the cases of different schools and found that the discrepancies as pointed out by the Inspection Team have not been removed and, accordingly, the case of the petitioner for recognition of the school has been rejected.
It is submitted by the counsel for the petitioner that since the show cause notice was issued by the Appellate Authority, therefore, the entire proceedings are bad. It is further submitted that the school is being run in a tenanted premises and the accommodation is sufficient to cater the need for Class 9th and Class 10th of the school.
Per contra, it is submitted by the counsel for the respondents that the submissions made by the petitioner are misconceived. The first show cause notice was issued to the petitioner by the Commissioner Public Education Madhya Pradesh on 15.3.2018 pointing out the discrepancies observed by the Collector, Morena in his inspection dated 10.11.2017 and, accordingly, the petitioner was directed to show cause as to why the recognition of the school may not be cancelled. But thereafter in the light of letter dated 20.4.2018 written by Secretary, Madhyamik Shiksha Mandal, Bhopal as well as in the light of letter dated 6.6.2018 written by Commissioner Public Education Secretariat, a fresh inspection was done on 7.7.2018 and it was found that the discrepancies have not been corrected and, accordingly, the recognition of the school was cancelled. Being aggrieved by the order of respondent No.3, the petitioner had filed an appeal before the Commissioner Public Education Madhya Pradesh who before passing the final order has once again given an opportunity to the petitioner society. It is specifically mentioned in order dated 29.8.2018 that in spite of specific notice to the petitioner, nobody appeared before the respondent No.2 on 10.8.2018 to clarify the situation. Accordingly, it was not possible for respondent No.2 to interfere in the findings of fact recorded by the Inspection Team.
Heard the learned counsel for the parties.
So far as the contention of the petitioner that the order dated 27.7.2018 was passed by the Joint Director, Public Education Department, Gwalior Division, Gwalior on the show cause notice dated 15.3.2018 issued by Commissioner Public Education Madhya Pradesh is concerned, the same cannot be accepted. It is clear from the show cause notice dated 15.3.2018 (Annexure P/5) that certain discrepancies were pointed out by the Commissioner Public Education Madhya Pradesh and, accordingly, the petitioner was called upon to give his reply as to why the recognition of the school may not be cancelled. However, from the order dated 27.7.2018 issued by the Joint Director, Public Education, Gwalior Division, Gwalior it is clear that the said order has been issued on the basis of re-inspection carried out by the Inspection Team on 7.7.2018 i.e. subsequent to the show cause notice dated 15.3.2018. The petitioner was well aware of the fact that in the inspection carried out by the Inspection Team, certain discrepancies have been pointed out and the petitioner has not removed those discrepancies in spite of the opportunity given by the authorities. Furthermore, when the petitioner filed his appeal against order dated 27.7.2018, the Appellate Authority i.e. Commissioner Public Education Madhya Pradesh again granted opportunity to the petitioner to show cause with regard to the discrepancies pointed out by the Inspection Team. It is specifically mentioned in order dated 29.8.2018 that in spite of the opportunity granted to the petitioner, none appeared for the petitioner before the Appellate Authority on 10.8.2018. Thus, it is clear that once again an opportunity was given to the petitioner to explain the discrepancies pointed out by the Inspection Team. Thereafter, again the matter was taken up by the Recommendation Committee and it was found that no student was found at the time of the inspection and apart from the fact that the classes were being conducted in the shops and there is no separate building for the school. As the impugned order has been passed on the basis of the factual findings, it cannot be interfered by this Court unless and until the same are pointed out to be perverse. Once the petitioner was given an opportunity by the Appellate Authority to appear and explain the discrepancies/shortcomings, the said opportunity was not availed by the petitioner. Under these circumstances, this Court is of the considered opinion that the order dated 27.7.2018 passed by the Joint Director, Public Education, Gwalior Division, Gwalior, order dated 29.8.2018 passed by the Commissioner Public Education Madhya Pradesh and order dated 15.10.2018 passed by Public Education Secretariat, Madhya Pradesh do not suffer from any illegality.
Accordingly, the petition fails and is hereby dismissed.