State of U.P. and Others vs Committee of Management and Others

Heard learned Counsel for the parties on delay condonation matter.

We have gone through the affidavit filed in support of the delay condonation application. Cause shown is sufficient. The delay in filing the special appeal is condoned. The application is allowed.

The office is directed to allot regular number to the special appeal.

Sri A.K. Sinha, learned Counsel for the Respondents submits that subsequent Special Appeal No. 832 of 2008, State of U.P. and Ors. v. Committee of Management, Shri J.B.S. Memorial Higher Secondary School and others has been decided by this Court vide judgment and order dated 15.7.2008 in which the order impugned in the present special appeal has also been taken note of.

Learned Standing counsel submits that the judgment given in Special Appeal No. 832 of 2008, State of U.P. and Ors. v. Committee of Management, Shri J.B.S. Memorial Higher Secondary School and others was on different point. The judgment dated 15.7.2008 in Special Appeal No. 832 of 2008 is as under:

Heard learned Counsel for the Appellants.

This is an appeal against the judgment and order dated 25.7.2007 passed by the learned Single Judge by which the writ petition filed by the Respondents has been allowed and Government order dated 19.1.2004 has also been quashed.

This Court, while allowing the writ petition took the view that the recognition was granted in ''Art'' subjects vide communication dated 26.12.2001 and after inspection the said recognition was subsequently recalled. The writ petition No. 60147 of 2005 was filed, which was allowed on 16.12.2005 and order recalling the such recognition was set aside.

Learned Counsel for the Appellant contends that in view of the quashing of the Government order dated 19.1.2004, the recognition which was granted to another institution namely, J.P.N. Inter College, Nawabganj in ''Science'' subjects also stood cancelled, whereas the said institution was not party to the writ petition, hence no order could have been passed without hearing the said institution.

I have considered the submissions of counsel for both the parties and perused the record.

Learned Single Judge, while allowing the writ petition has given cogent reason for setting aside the Government order dated 19.1.2004. In so far as submission of Learned Counsel for the Appellant that the setting aside of the Government order dated 19.1.2004 shall affect the another institution recognized in the ''Science'' subjects namely, J.P.N. Inter College, suffice it say that the said institution not being party to the writ petition, the order passed by this Court dated 25.7.2007 shall only apply to the writ Petitioner Respondents and will have no adverse effect on the recognition which was extended by the Government order dated 19.1.2004 to J.P.N. Inter College, Nawabganj.

With the above clarification, the appeal is disposed of.

Copy of the judgment of Special Appeal No. 832 of 2008 shows that the State of U.P. has filed the said appeal challenging the judgment and order dated 25.7.2007 passed by His Lordship in Civil Misc. Writ Petition No. 48719 of 2006, Committee of Management and Anr. v. State of U.P. and others whereby this Court has allowed the writ petition and the order dated 19.1.2004 passed by the State Government has been quashed.

Both the special appeals appear to have been filed against the same judgment and order. We further find that the judgment and order dated 16.12.2005 passed by Hon. V.K. Shukla, J. in Civil Misc. Writ Petition No. 60147 of 2005, Committee of Management and Anr. v. State of U.P. and others has also been referred to and considered in subsequent Special Appeal No. 832 of 2008, hence the present special appeal has become infructuous.

The learned Standing counsel submits that it is not so. He prays for and is granted 3 weeks'' time to file counter affidavit. Rejoinder affidavit may be filed within 3 weeks thereafter.

List thereafter along with the record of Special Appeal No. 832 of 2008 decided on 15.7.2008.