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Judgment
Sandeep Sharma, J
By way of instant petition filed under Article 226 of the Constitution of India, petitioner has approached this court, praying therein for following main
reliefs:
“I. That a writ in the nature of certiorari may very kindly be issued thereby quashing and setting aside Annexure P-9 dated 17.12.2021.
II that a writ in the nature of mandamus may very kindly be issued thereby directing respondent No.1 to grant affiliation/renewal of affiliation and
permission to enroll new students for session 2022-23 for 9th to 12th classes.
Mr. C.S. Thakur, Advocate vice Mr. V.B. Verma, Advocate appears and waives service of notice on behalf of respondent No.1-Board.
Having regard to the nature of order proposed to be passed in the instant case, this Court sees no necessity to issue notices to respondents No. 2
and 3 and as such, same are dispensed with.
Since despite repeated opportunities, petitioners herein have failed to make available/produce the relevant documents, enabling the respondent-
Board to renew the affiliation, respondent-board vide communication dated 17.12.2021, has intimated the petitioner that in case within 15 days of
receipt of aforesaid communication, documents are not submitted/produced, admission to class- 9 and +2, if any, made by the petitioner would not be
considered to be valid. In the aforesaid background, petitioner has approached this court in the instant proceedings, praying therein for the relief(s), as
prayed for.
Though having taken note of the fact that petitioner despite repeated opportunities has failed to produce the relevant documents, this court sees no
reason to entertain the present petition, but by way of indulgence and as last opportunity deems it fit to grant time till 15.2.2022 to the petitioner to
make available the relevant documents as have been called for vide communications dated 5.8.2021 and 17.12.2021 (Annexure P-8 and P-9), enabling
the respondent Board to take appropriate decision with regard to affiliation of the petitioner-school. Ordered accordingly. However, it is made clear
that in case documents in terms of the aforesaid communication are not produced/made available on or before the time stipulated by this Court in
terms of instant order, respondent-board would be at liberty to take appropriate action in accordance with law in terms of Annexures P-8 and P-9. Till
15.2.2022, no coercive action, if any, pursuant to aforesaid communications shall be taken against the petitioner. In the aforesaid terms, present
petition is disposed of so also pending applications, if any.
