Divisional Children Welfare Institute, Chhatarpur v. State of M. P.
1998-03-26
D.P.S.CHAUHAN
body1998
DigiLaw.ai
JUDGMENT The petitioner-Divisional Children Welfare Institute Chhatarpur has no right to maintain a writ petition, as it is neither a body corporate nor a juristic person. By means of this petition, a prayer is made for quashing the order dated 30.9.97 whereby the recognition of the non-Governmental school was de-recognized on account of the non-compliance of the required conditions. The writ petition deserves to be rejected as it cannot be granted any recognition unless the conditions are satisfied. Unless the Institution is duly recognized by the Board of Secondary Education, it does not acquire any right for seeking relief from this Court for appearance of its students in the Board's examination of class 10th and class 12th as a regular student, and no such relief can be granted. An Institution can impart education as a regular student only when it is duly recognised by the Board of Secondary Education and for recognition purpose, the authority is Board of Secondary Education, which grants recognition after satisfying requirement for recognition. This Court is not inclined to interfere so far as the order of de-recognition of the school is concerned and appearance of its students as regular candidates is concerned. Learned counsel for the petitioner next submitted that the regulations framed by the Board of Secondary Education make provision for appearance of the students as a Private Candidate. Learned counsel for the Board, Shri M.L. Choubey states that he has no objection if students of the school run by the petitioner or any other school which is not recognised by the Board, appear in the examination as Private Candidates on satisfying the requirement of law. In view of this, the Board may permit the students to appear in the Board Examination as Private Candidates on fulfilment of the required conditions. With the above direction this petition is disposed of. Certified copy of this order may be made available to the learned counsel for the parties on payment of necessary charges.