High Courts(1999) 09 AHC CK 0117

Intermediate College Shri Dau Sarai Daud Dhanauti,Mathura and Anr. vs Board of High School and Intermediate Education U.P.Allahabad & Ors.

Allahabad High Court · Decided on 28 September 1999

HON’BLE JUDGES
Sushil Harkauli, J
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 14694 of 1981

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Judgment

2 paragraphs · 274 words

S. Harkauli, J.—By order dated 8121981, two weeks time was granted to the learned Standing Counsel to file counteraffidavit. Similarly by order dated 2421982 and 1351982 again time was granted and subsequent thereto in 1984 time was granted to the Standing Counsel to file counteraffidavit. This writ petition remained pending for the past more than 18 years but respondents have not cared to file any counteraffidavit. The dispute in this writ petition relates to grant of recognition to the petitioners College by the Respondent Nos. 1 and 2 for holding classes in various subjects in the Art side for the Intermediate Examination. From the record it appears that recognition was granted and withdrawn and again granted and again withdrawn. None of the orders gives any reason for granting and withdrawing recognition again and again. In absence of the reasons in the orders and also in absence of the counteraffidavit, it is not possible for this Court to find out what has weighed respondents for passing the impugned order.

2.

The impugned order withdrawing refusing to grant recognition passed by the Additional Secretary is quashed. The writ petition is allowed. The Respondent No. 2 i.e. Secretary of the Board is directed to conduct enquiry into this matter and pass fresh reasoned order either granting or refusing to grant recognition to the college. The order will be passed by the Respondent No. 2 within three months from the date a certified copy of this order is produced by the petitioner before the Respondent No. 2. Before taking the decision, the Respondent No. 2 will consider in detail the representation made by the petitioners in this regard.