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Judgment
Rajiv Sharma, J.—Heard learned Counsel for the parties.
Affidavits have been exchanged between the parties.
With the consent of learned Counsel for the parties, the writ petition is being disposed of at the admission stage itself.
It has been stated by the counsel for the petitioner that the institution is recognized by the Sampoorna Nand Sanskrit Vishwavidyalaya, Varanasi since 1992. The institution is running courses of Prathma to Uttar Madhyama. The examination of the said course is conducted by the Uttar Pradesh Intermediate Sanskrit Education Board, Lucknow. The examination forms of 48 students pursuing studies in the petitioner''s institution alongwith the requisite fee were submitted to the District Inspector of Schools, Ballia by the Principal of the College. The District Inspector of Schools, Ballia by the letter dated 13.3.2008 forwarded the same to the Board.
The examinations of the aforesaid courses are going to commence from 21.4.2008 and the petitioner has received an information that the examinations forms have not reached to the Board. The petitioner after necessary enquiry and obtaining original form from the office of District Inspector of Schools, Ballia submitted the same to the Board, who refused to accept the same.
The grievance of the petitioner is that non-acceptance of the forms, although the same was submitted to the competent authority well in advance, will cause serious injustice as the students of the petitioner''s institution would not be able to appear in the examination for no fault of the petitioner''s institution.
A counter affidavit has been filed wherein it has been stated that the Uttar Pradesh Intermediate Sanskrit Education Board was established in the year 2001 and has been conducting examinations since 2002. It has been submitted by the Standing Counsel that as per provisions of 12.31 mentioned in Chapter 12 part 6 of the First Statute of the Sampurnanand Sanskrit University, if any Colleges fails to send the students for examination continuously for three years continuously, then the recognition of that college will deemed revoked. He further submits that the Government Order was also issued to the same effect dated 15.2.2008. It is said that the petitioner''s institution never send the students for taking examination by the Uttar Pradesh Intermediate Sanskrit Education Board since 2002. Further, the competent authority has not forwarded the fee and form of the petitioner''s institution to the Board. Hence, the institution has not been granted permission for the year 2008 as the institution is no longer a recognized institution as per the provisions of Chapter 12 part 6, referred to above. He has further added that the registration of society and recognition of institute are two distinct things. As stated above, the institution is not a recognized institution.
The assertion of the Standing Counsel that the forms have not been submitted to the competent authority is falsify from the letter dated 13.2.2008 contained in Annexure No. 4 to the writ petition, which has been written by the District Inspector of Schools, Ballia to the Secretary of the Board, annexing therewith the bank draft and the forms for necessary action. It is also important to mention here that no order of cancelling/revoking the recognition has been brought on record. In absence of any such order, it cannot be said that the recognition has been cancelled or revoked. It may be added that had the institution been de-recognized, the examination forms would not have been issued to the petitioner''s institution. Further, on perusal of the para 2 of the Government Order dated 15.2.2008, on which reliance has been placed by the learned Standing Counsel, it will be abundantly clear that steps are to be taken for de-recognition of the institutions in case they fail to send the students for examinations conducted by the Board for three years continuously. The relevant extract of the paragraph 2 of the Government Order dated 15.5.2008 is reproduced as under:
bl lanHkZ esa vkils ;g Hkh vis{kk dh tkrh gS ifj"kn }kjk lapkfyr ijh{kkvksa esa lfEefyr gksus okys fo|ky;ksa ds lEcU/k esa lEiw.kkZuUn laLsd`r fo''ogfo|ky; dh ifjfu;ekoyh dks O;oLFkkvksa dk dM~kbZ ls vuqikyu lqfuf''pr fd;k tk;] rFkk ,sls fo|ky; ftUgksaus yxkrkj rhu o"kksZa rd ijh{kkfFkZ;ksa dks ijh{kk esa lfEefyr ugh djk;k gS] mudh ekU;rk@lEc)rk lekIr fd, tkus dh dk;Zokgh ''kh"kZ izkFkfedrk ij lqfuf''pr dh tk; rFkk d`r dk;Zokgh dh lexz vk[;k ,d i{k ds Hkhrj ''kklu dks miyO/k djkbZ tk; A
In view of above, the writ petition is disposed of finally with a direction to the Board, opposite party No. 2, to accept the forms of 48 students of the petitioner''s institution and allow them to appear in the examinations going to commence from 21.4.2008, if there is no other legal impediment. It is further directed that their results shall also be declared.