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Judgment
Heard counsel for the petitioner, State and Respondent JAC.
Three guardians of three such children have approached this Court in the
present writ application, seeking permission to appear in Class-IX Pre-Board Exam
to be held on 23.03.2017 by the Jharkhand Academic Council.
The school in question Prastawit Ucha Vidyalaya, Bilingbira Gumla has been
de-recognized on 18.01.2017. The school itself approached this Court in WPC No.
1220/2017. By order dated 17.03.2017, the writ petition was disposed of with a
direction that the representatives of the Institution should appear with their
explanation before the Jharkhand Academic Council on 21.03.2017. The Jharkhand
Academic Council was directed to take a decision on their explanation in the matter
of de-recognition, within a period of one week thereafter. The time stipulated has not
yet elapsed. De-recognition as such, has not yet been annulled till date.
Present writ petition does not contain any averment as to the facts relating to
the conduct of courses in previous Academic Calender, infrastructural and faculty-
wise details; whether classes were conducted on regular basis and students have
attended the minimum number of classes, etc. In the absence of relevant details and
backgrounds facts, petitioners do not make out a case for issuing a direction for
allowing the students of that Institution to appear in the pre-Board Class-IX Exam
simply on the ground that registration forms and fees, etc. were accepted.
Learned counsel for the Respondent Jharkhand Academic Council submits
that in case, if the question of de-recognition is reconsidered and their explanation is
accepted, students in question who have completed the course, attended the
minimum number of classes and fulfill other eligibility criteria and conditions, can
be allowed to sit in any exams to be held thereafter.
On account of the reasons discussed herein-above, this Court is not satisfied
that indulgence can be granted in the matter on misplaced sympathies, which may
have a bearing on the future career of innocent students itself. Dependant on the
decision to be taken on the issue of de-recognition and in case Jharkhand Academic
Council finds that the students in question are innocent victims of the lapses on the
part of the Institution, it may consider completing their courses from any other
Institution, in accordance with law.
With the aforesaid observations, this writ petition is disposed of, however
without interfering in the matter.